In re Parks
| Decision Date | 06 June 1890 |
| Citation | 81 Mich. 240,45 N.W. 824 |
| Court | Michigan Supreme Court |
| Parties | In re PARKS. |
On petition for a writ of habeas corpus.
The petitioner, who is confined in the state's prison at Jackson, makes application in his own behalf for the writ of habeas corpus, alleging that his detention in such prison is unlawful. He shows that June 6, 1887, an information was filed in the circuit court for the county of Montcalm, charging him in substance with having aided and assisted upon the 25th of September, 1886, one Daniel Lonay a prisoner lawfully confined in the county jail of said county of Montcalm, to escape from said jail, by then and there taking and removing the burrs from the screws on the windows of said jail, with intent then and there to aid and assist the said Lonay in escaping from said jail. This information was laid under section 9245, How. St., which reads as follows: "Every person who shall convey into any jail, prison, or other like place of confinement any disguise, or any instrument, tool, weapon, or other thing adapted or useful to aid any prisoner in making his escape with intent to facilitate the escape of any prisoner there lawfully committed or detained, or shall by any means whatever aid or assist any such prisoner in his endeavor to make his escape therefrom, whether such escape be effected or attempted, or not, * * * shall be punished by imprisonment in the state prison not more than seven years, or if the person whose escape or rescue was effected or intended was charged with an offense not capital, nor punished by imprisonment in the state prison, then the punishment for the offense mentioned in this section shall be by imprisonment in the county jail not more than one year, or by fine not exceeding $500." Lonay was confined in the jail, as was shown by the information, upon conviction and sentence of manslaughter, and awaiting his conveyance to the state house of correction and reformatory at Ionia, under commitment. Parks was duly tried and convicted under the information filed against him, and sentenced to the state prison at Jackson for a term of four years. The record of his sentence reads as follows: ...
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In re Kim
... ... " It ... may as well be understood that it is not the duty of the ... courts to discharge prisoners, fairly and legally convicted, ... from confinement, because of technical errors and defects in ... the record of sentence or in the commitments." In re ... Parks, 81 Mich. 240, 243 ... It is ... unnecessary to decide whether oral evidence of the magistrate ... was admissible to further identify the offenses for which ... each sentence was imposed ... The ... order appealed from remanding the prisoner is affirmed ... ...
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In re Jordan
...Milo D. Campbell, for respondent. PER CURIAM. We think the commitment in this case fatally defective. As was said in Re Parks, 81 Mich. 243, 45 N.W. 824, we not disposed to discharge any person from confinement, who has been presumptively fairly and legally convicted, because of technical e......
- Klien v. Bayer
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In re M. S. Kim for a Writ Corpus
...legally convicted, from confinement, because of technical errors and defects in the record of sentence or in the commitments.” In re Parks, 81 Mich. 240, 243. It is unnecessary to decide whether oral evidence of the magistrate was admissible to further identify the offenses for which each s......