37 Wash. 609 | Wash. | 1905
On the 27th day of November, 1903, a petition for writ of habeas corpus was presented to this court by one Frank B. Poor, alleging that said Poor was illegally restrained of his liberty by one Cudihee, as sheriff . of Ring county, in this state, and by one Carey, claiming to be an agent of the state of New York. The alleged cause
There is no statement of facts or bill of exceptions, and no exceptions were taken to the findings of the court. In this state of the record, under the uniform rulings of this court, the only question open to review is the sufficiency of the findings to support the judgment. The court found, among other things, that the petitioner was not a fugitive from justice. Assuming, as we must,rthat such was the fact, the petitioner was entitled to his discharge. In re Mohr, 73 Ala. 503, 49 Am. Rep. 63; Wilcox v. Nolze, 34 Ohio St. 520; Hartman v. Aveline, 63 Ind. 344, 30 Am. Rep. 217; Jones & Atkinson v. Leonard, 50 Iowa 106, 32 Am. Rep. 116; Ex parte Knowles, 16 Ky. Law 263; People ex rel. McCoy v. Warden of City Prison, 3 N. Y. Cr. R. 370; Commonwealth v. McCandlass, 7 Pa. Co. Ct. R. 51.
The order is therefore affirmed.