Steiner v. Nerton
| Decision Date | 01 March 1893 |
| Citation | 32 P. 1063,6 Wash. 23 |
| Parties | STEINER v. NERTON. |
| Court | Washington Supreme Court |
Application by John Steiner for a writ of habeas corpus. Writ denied.
Metcalf & Metcalf, for petitioner.
C. D. Bowles, for defendant.
The petitioner was indicted, and pleaded not guilty. A jury was impaneled, and the case went to trial. During the examination of the first witness for the state, on his examination in chief, and before the defendant was permitted to cross-examine him, and before any other witness had been introduced, offered, sworn, or examined, the state moved the court to quash and dismiss the indictment, and to permit it to file an information against the defendant, for the purpose of making what was deemed by the prosecuting attorney a material allegation in the information, which had been omitted in the indictment under which the state was then proceeding. The defendant, petitioner herein, opposed said motion. The court, however, sustained the motion, and the jury was discharged. Upon the filing of the information the court held the petitioner to bail in the sum of $3,000, and ordered that in default thereof he be committed to the county jail. The contention of the petitioner is that his restraint under said order is illegal, because he had been put in jeopardy by the proceedings under the first indictment, and because, under the law, he cannot twice be put in jeopardy for the same offense. This court, however, cannot pass upon the question of the former jeopardy upon a petition for a writ of habeas corpus, and the legality of the proceedings under which he is restrained of his liberty is not called in question by the petition. The information is not assailed, and the subsequent proceedings seem to be regular. If the petitioner has been before in jeopardy for the same offense, that is a proper plea in bar, to be tried by the court, and from the decision of which an appeal would lie to this court. A stipulation accompanying the petition cannot confer jurisdiction on this court in a habeas corpus case.
The petition is therefore denied.
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Hovey v. Sheffner
...arrest of judgment, had been remanded to await the action of the next grand jury upon the charge originally preferred. In Steiner v. Nerton, 6 Wash. 23 (32 P. 1063), a trial had been discharged, the indictment quashed, and, later, an information filed upon which the accused was being held f......
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Ex parte Newcomb
...cases. Ex parte Williams, 1 Wash. T. 240; In re Rafferty, 1 Wash. St. 382, 25 P. 465; In re Lybarger, 2 Wash. St. 131, 25 P. 1075; Steiner v. Nerton, supra; In Barbee, 19 Wash. 306, 53 P. 155; In re Nolan, 21 Wash. 395, 58 P. 222; Smith v. Sullivan, 33 Wash. 30, 73 P. 793; In re Russell, 40......
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Washington Beauty College, Inc. v. Huse
... ... at any time. Puget Sound Agricultural Co. v. Pierce ... County, 1 Wash.T. 75; Steiner v. Nerton, 6 ... Wash. 23, 32 P. 1063; First National Bank of Aberdeen v ... Carter, 10 Wash. 11, 38 P. 877; Seattle National ... ...
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Ex parte Tice
... ... habeas corpus; but it was held that the means adopted was not ... the proper remedy for the error complained of. In Steiner ... v. Nerton, 6 Wash. 23, 32 P. 1063, the plaintiff was ... indicted, and, upon entering a plea of not guilty, a jury was ... ...