MOYER
v.
NICHOLS

U.S. | 1906-12-03
No. 250
Mr. Justice McKenna dissents.
203 U.S. 221 Supreme Court of the United States (1906) Positive Treatment
Also reported at: 51 L. Ed. 160 · 27 S. Ct. 121 · SCDB 1906-020 · 1906 U.S. LEXIS 1583
Cited by 4 cases
Opinion of the Court
Mr. Justice Harlan

Mr. Justice Harlan delivered the opinion of the court.

This case does not differ, in principle or in its facts, from Pettibone v. Nichols, just decided. Moyer was also charged with the murder of Steunenberg, and was arrested in Colorado, Upon the warrant of the Governor of that'State, and taken to Idaho, and delivered to its authorities. He was embraced in the same indictment with Pettibone, and was held in custody for trial under that indictment. He sued out a writ of habeas ,corpus from the Supreme Court of Idaho, but the writ was dismissed by that court, Ex parte Moyer, 85 Pac. 897, and a writ of error has been prosecuted to this court. That is case No. 266 on our present docket. He then sued out a writ of habeas corpus from the Circuit Court of the Unitéd States, and his discharge being .refused by the court, he prosecuted the present appeal.

For the reason stated in Pettibone’s case,'the final order is

Affirmed.

Concurrence
Mr. Justice McKenna

Mr. Justice McKenna dissents.

The final order of the Circuit Court of the United States for Idaho, in Haywood v. Nichols, No. 251, on appeal, is affirmed on the authority of Pettibone v. Nichols, ante, p. 192, from which, as to the facts or the questions involved, it does not differ. The orders in Pettibone v. Whitney, No. 265, Morey v. Whitney, No. 266, and Haywood v. Whitney, No. 267 — each of which cases is here upon writ of error to the Supreme Court of Idaho — involve the same questions as those determined in Pettibone v. Nichols, and by agreement is to depend upon the judgment in that case, must also be affirmed.

It is so ordered.

Mr. Justice McKenna dissents.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Strand v. Schmittroth, 233 F.2d 598 (9th Cir. 1956)
    …1204, 32 L.Ed. 283 (seized by armed men in West Virginia and taken to Kentucky); Pettibone v. Nichols, 1906, 203 U.S. 192, 27 S.Ct. 111, 51 L.Ed. 148 (kidnapped in Colorado and taken to Idaho for trial); Moyer v. Nichols (Haywood v. Nichols), 1906, 203 U.S. 221, 27 S.Ct. 121, 51 L.Ed. 160. Many state citations are listed in Pettibone v. Nichols, 203 U.S. at page 215, 27 S.Ct. 111. Additional federal cases [*605] are In re Johnson, 1897, 167 U.S. 120, 17 S.Ct. 735, 42 L.Ed. 103 (illegal arrest) ; Malone v.…

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