In re VoGland

• Decision Date: 10 April 1896
• Citation: 66 N.W. 1028,48 Neb. 37
• Parties: IN RE VOGLAND ET AL.
• Court: Nebraska Supreme Court

48 Neb. 37

66 N.W. 1028

IN RE VOGLAND ET AL.

Supreme Court of Nebraska.

April 10, 1896.

Syllabus by the Court.

Under the provisions of chapter 108 of the Laws of Nebraska passed in 1885, the requirement that “all informations shall be filed during term, in the court having jurisdiction of the offense specified therein,” is mandatory; and an information upon which the accused is to be tried for felony is void, if filed in vacation.

Application for a writ of habeas corpus by Lewis Vogland and others. Writ granted, and petitioners discharged.J. H. Broady, for petitioners.

A. S. Churchill, Atty. Gen., and Geo. A. Day, Dep. Atty. Gen., for respondent.

RYAN, C.

An application was made to this court, in this case, for a writ of habeas corpus, by Lewis Vogland, Salem T. Clark, and Charles H. Jackson, who alleged that they were unlawfully detained by George W. Leidigh, the warden of the penitentiary of this state. To the writ which thereupon issued, the warden answered, justifying his detention of the petitioners under a warrant for their commitment by virtue of certain proceedings, fully described in the exhibit attached to the petition of the applicants. To these averments of the answer there was filed a demurrer, by which is raised the sufficiency of the facts in said answer pleaded to justify the imprisonment of the petitioners in the state penitentiary. It would probably tend to obscure the facts if an attempt was made to describe, by copying, or even epitomizing, the pleadings, and we shall therefore state these facts as clearly and concisely as possible in the form of a narrative. On the 18th day of July, 1895, an information was filed with the county judge of Keya Paha county whereby the petitioners for habeas corpus were charged with stealing cattle in said Keya Paha county on June 26, 1895. There was a plea of guilty to this charge on the same day the information was filed, and thereupon the county judge committed the persons accused to the county jail, to await a hearing at the next succeeding term of the district court of Keya Paha county, to be held at the county court room in Springview, Neb. On the 20th day of July, 1895, the aforesaid Lewis Vogland, Salem T. Clark, and Charles H. Jackson, together with the county attorney of Keya Paha county, appeared at chambers in Bassett, in Rock county, Neb., before Hon. M. P. Kinkaid, the district judge of the Fifteenth judicial district of Nebraska, in which district are included the...