Ex parte La Vere
| Decision Date | 23 March 1916 |
| Docket Number | 2216. |
| Parties | EX PARTE LA VERE. |
| Court | Nevada Supreme Court |
Original petition for habeas corpus by Edson La Vere, held in custody for extradition. Petitioner discharged.
Ayres & Gardiner, of Reno, for petitioner.
George B. Thatcher, Atty. Gen., and Edward T. Patrick, Deputy Atty Gen., for respondent.
This is an original proceeding in habeas corpus. The return to the writ showed that petitioner was held in custody upon an executive warrant issued by the Governor of this state upon requisition of the Governor of the state of New Jersey. It appears from the requisition papers that petitioner was charged with the crime of wife and child desertion, committed in the county of Essex, state of New Jersey, on the 17th day of July, 1915.
Upon appearance in court upon the return to the writ it was stipulated by counsel for the respective parties that the hearing be continued for the purpose of taking certain depositions in New Jersey bearing upon the question at issue whether or no petitioner was a fugitive from justice. Hearing was thereupon continued, and petitioner released on bail pending the final determination.
Depositions having been taken and filed, the matter was heard upon the depositions and the testimony of the petitioner. From the deposition of the complaining witness, wife of petitioner and from all of the testimony in the case, certain material facts appear without conflict in the testimony. It appears from the evidence that from the date of the separation of petitioner and his wife, in December, 1914, to a time subsequent to the alleged desertion, petitioner contributed to the support of his wife and child by weekly payments of money, the sufficiency of which payments has not been questioned. It appears from the testimony of the complaining witness that at the time of the alleged desertion she had in her name in a bank in Newark the sum of $120, money given to her by petitioner prior to their separation.
Where upon a proceeding in habeas corpus a petitioner seeks release from an executive warrant issued upon the requisition of the Governor of a demanding state, on the ground that he is not a fugitive from the justice of that state, a court will inquire into the existence of facts determinative of that issue. The determination of the guilt or innocence of the petitioner from conflicting evidence is a matter exclusively within the province of ...
To continue reading
Request your trial
-
Epp v. State
...the crime of nonsupport unless the accused is present within the state. In re Kuhns, 36 Nev. 487, 137 P. 83 (1913); Ex Parte La Vere, 39 Nev. 214, 156 P. 446 (1916); Ex Parte Twyeffort, 42 Nev. 259, 174 P. 431 (1918). Epp is mistaken. NRS 194.020 The following persons, except as provided in......
-
State ex rel. Orsborn v. Fogliani
...Nev. 487, 137 P. 83, 50 L.R.A.,N.S., 507 (1913); Ex parte Roberson, 38 Nev. 326, 149 P. 182, L.R.A. 1915E, 691 (1915); Ex parte La Vere, 39 Nev. 214, 156 P. 446 (1916); Ex parte Twyeffort, 42 Nev. 259, 174 P. 431 Ex parte Stearns, 68 Nev. 155, 227 P.2d 971 (1951); Colton v. Leypaldt, 72 Nev......
-
Ex parte Filtzer
... ... on the merits. State v. Clark, 148 Minn. 389, 182 N.W ... It is ... well settled that a court, on habeas corpus in interstate ... extradition, cannot try the question of guilt or innocence of ... the accused. Ex Parte La Vere, 39 Nev. 214, 156 P ... 446; Hyatt v. New York ex rel. Corkran, 188 U.S ... 691, 23 S.Ct. 456, 47 L.Ed. 657; Munsey v. Clough, ... 196 U.S. 364, 25 S.Ct. 282, 49 L.Ed. 515 ... As said ... in Bruce v. Rayner, 4 Cir., 124 F. 481, 484: ... "It would seem that it is not ... ...
-
Finch v. West
... ... testimony is available. The question, therefore, passed upon ... in the cases of Ex parte La Vere, 39 Nev. 214, 156 ... P. 446, and In re Kuhns, 36 Nev. 487, 137 P. 83, is ... not before this court ... The ... ...