Ex parte Jackman

• Decision Date: 29 March 1909
• Parties: Ex parte JACKMAN.
• Court: Nevada Supreme Court

100 P. 769

31 Nev. 106

Ex parte JACKMAN.

Supreme Court of Nevada

March 29, 1909

Habeas Corpus by Albert T. Jackman. Writ dismissed.

Thompson Morehouse & Thompson, for petitioner.

R. C Stoddard, Atty. Gen., and L. B. Fowler, Deputy Atty. Gen for the State.

SWEENEY J.

This is an application for a writ of habeas corpus by the applicant Albert T. Jackman, now confined in the penitentiary under a life sentence for the crime of having unlawfully killed one John Moritz, in Goldfield, Esmeralda county, state of Nevada, during the year 1906.

Petitioner alleges that he is unlawfully restrained of his liberty by William Maxwell, warden of said state prison, and that his unlawful confinement and detention consists in this, to wit "That heretofore, to wit, on the 22d day of November, A. D. 1906, at the county of Esmeralda, state of Nevada, the grand jury of said Esmeralda county found an indictment in the district court of the First judicial district of the state of Nevada, in and for Esmeralda county, against said Albert T. Jackman, under the name of John Thompson, charging said Albert T. Jackman with the crime of murder, in the killing of one John Moritz, at Goldfield, Esmeralda county, state of Nevada, on the 16th day of September, A. D. 1906. That at the time of the finding of said indictment, said Albert T. Jackman was under arrest and held in the county jail of Esmeralda county, state of Nevada, by the sheriff of said county, and said Albert T. Jackman was duly arraigned under said indictment, and pleaded not guilty thereto. That thereafter the trial under said indictment was duly set in said district court for the 28th day of September, 1908, before the court by jury, but on said 28th day of September, 1908, the cause was regularly continued until the 29th day of September, 1908, at the hour of 10 o'clock a. m. of that day, by consent, at which time the said cause was proceeded with, and 12 names were regularly drawn from the courtroom jury box, and the trial proceeded by the examination of said jurors as to their qualifications, and said cause proceeded in due and proper way until the close of the day, when the jury list in the courtroom box was exhausted, and the following jurors, to wit, Thomas H. Cline, A. E. Barnes, E. E. Aldridge, W. E. Linton, L. A. Deese, J. E. White, and J. S. Milligan, were passed subject to peremptory challenge, at which time the court continued the cause until the 30th day of September, A. D. 1908, at the hour of 10 o'clock a. m. of that day, but later on, of its own motion, recalled or vacated such continuance and caused the action to be taken up at 7:30 p. m. of said 29th day of September, 1908; when, all parties being present, in open court the court of its own motion continued the cause until Wednesday, the 7th day of October, 1908, at the hour of 2 o'clock p. m. of that day. That thereafter, on the 1st day of October, 1908, Hon. Frank P. Langan, judge of said court, of his own motion and cause, left the county of Esmeralda, state of Nevada, and opened, conducted, and carried on his court in the county of Ormsby, state of Nevada, and the following proceedings were had in the district court of the First judicial district of the state of Nevada, in and for the county of Ormsby, to wit: 'Carson City, Nevada, October 3, 1908. This is to certify that on this day, Saturday, October 3, 1908, at the hour of 10 o'clock a. m., there was a session of the district court of the First judicial district, in and for the county of Ormsby, Present: Hon. Frank P. Langan, district judge; Wm. Kinney, sheriff; E. O. Patterson, clerk. At which time the following proceedings were had: The court overruled the demurrers to the seven indictments in each of which the state of Nevada was plaintiff and T. B. Rickey was defendant and ordered that the said T. B. Rickey plead to each of said indictments on Monday morning the 5th day of October, at the hour of 10 o'clock of that day. In the matter of the guardianship of the person and estate of Trenmore Coffin, a minor, the discharge of the guardian was entered. In the case of divorce entitled Olive E. Harper, Plaintiff, v. William A. Harper, Defendant, upon default of defendant being entered and proof presented, the decree of divorce was granted plaintiff. In the case for divorce entitled Belle Willis, Plaintiff, v. Fred Willis, Defendant, upon default of defendant being entered, and the proofs...