In re Fuller

• Decision Date: 18 May 1892
• Parties: IN RE FULLER
• Court: Nebraska Supreme Court

52 N.W. 577

34 Neb. 581

IN RE FULLER

Supreme Court of Nebraska

May 18, 1892

ORIGINAL application for a writ of habeas corpus.

Prisoner discharged.

Reese & Gilkeson, for petitioner.

OPINION

MAXWELL, CH. J.

The relator presents a petition for a writ of habeas corpus as follows:

"That he is unlawfully deprived of his liberty by Dan Hopkins, the warden of the state penitentiary in the county of Lancaster in this state, and alleges the facts in regard to such detention to be That on the 8th day of May, A. D. 1890, in a cause then pending in the district court of Lancaster county, Nebraska wherein the state of Nebraska prosecuted your petitioner upon an information for the crime of forging a check for the payment of the sum of $ 15, and wherein the state of Nebraska was plaintiff and your petitioner was defendant, the said state recovered a judgment of conviction against your petitioner, by which it was adjudged that your petitioner should be confined in the state penitentiary at hard labor for the term of fourteen months, and that sentence was pronounced against him on said day by said court, your petitioner being then and on said day, and at said time, personally present in said court, and its officer, the sheriff of said Lancaster county, and that he has ever since said time been deprived of his liberty and confined in prison by virtue of said judgment and sentence; that said judgment and sentence was rendered and imposed upon him upon his plea of guilty to said charge, and the said sentence has never been stayed nor suspended, nor has the full operation thereof ever been impeded or interfered with by any act or procurement of your petitioner; that by the law of this state your petitioner has, on account of his good behavior and meritorious conduct while in said prison, been, and is entitled to, and is credited with a commutation of time and which has been duly allowed to him by the proper officers of said penitentiary; that he has performed in a faithful manner the duties assigned to him in an orderly and peaceable manner; that he has no infraction of the rules or regulations of the penitentiary or laws of the state recorded against him, and is credited with a diminution of time from his sentence of two months and ten days, thus reducing his time of service during which he can be lawfully held in said prison to eleven months and twenty days, and on the 28th day of April, 1891, which time has long since elapsed, his term of imprisonment expired, and your petitioner has long since, to-wit, on the said 28th day of April, 1891, fully served the sentence imposed upon him by the judgment of said court, and said term of imprisonment has completely expired and he is entitled to his liberty, yet he is, and has been since said 28th day of April, 1891, unlawfully imprisoned and deprived of his liberty by the said warden. Your petitioner alleges that the reason assigned for his said unlawful detention by said warden is based upon the following facts, to-wit: Notwithstanding your petitioner was sentenced to said term of imprisonment on the 8th day of May, 1890, as is shown by a duly certified copy of said judgment and sentence which is hereto attached, marked Exhibit 'A' and 'B,' and...