Ex parte Richards

• Decision Date: 17 June 1885
• Citation: 1 N.E. 639,102 Ind. 260
• Parties: Ex parte Richards.
• Court: Indiana Supreme Court

102 Ind. 260

1 N.E. 639

Ex parte Richards.

Supreme Court of Indiana.

Filed June 17, 1885.

Appeal from Perry circuit court.

C. H. Mason and Wm. Henning, for appellant.

Howk, J.

On the eighteenth day of May, 1885, the appellant, Charles Richards, was arrested upon a warrant issued by the coroner of Perry county, charging him with the murder of one Reuben Johnson, at such county, on the seventeenth day of May, 1885. He was taken before a justice of the peace of the county, and, upon an examination then had, he was committed to the county jail upon such charge, without bail. On the same day he presented his verified petition to the Hon. George L. Reinhard, judge of the Perry circuit court, in vacation, alleging therein that his killing of Reuben Johnson was in his own just and proper self-defense; that the proof of his guilt of murder was not evident, nor the presumption strong, and that he was entitled by law to be let to bail, and praying for the issue of a writ of habeas corpus, and a hearing thereon. The writ was issued accordingly, and upon the hearing had thereon, the honorable judge aforesaid refused to let the prisoner, Richards, to bail. From this decision Richards has appealed to this court, and has here assigned as error the refusal of the judge of the Perry circuit court to let him to bail. On behalf of the state, the attorney general has interposed a motion to dismiss this appeal, upon the ground “that the record does not show any judgment whatever of the court below to appeal from.”

In section 1120, Rev. St. 1881, it is provided that, in all such cases as the one now before us, “the court or judge shall summon the prosecuting witnesses, investigate the criminal charge, discharge, let to bail, or recommit the prisoner, as may be just and legal.” The statute nowhere requires the entry of any formal judgment in a habeas corpus proceeding. It is shown by the bill of exceptions in the record of this cause that Judge Reinhard summoned the prosecuting witnesses, investigated the charge of murder against the appellant, Richards, and, upon all the evidence given in the cause, refused to let him to bail. This decision of the judge was a final disposition of the appellant's application to be let to bail, and complied substantially with the requirements of the statute. From this decision Richards had the right to appeal to this court, under section 646, Rev. St. 1881, and he cannot be deprived of this right by any informality in the...