107 Neb. 847 | Neb. | 1922
Relator brought habeas corpus proceedings in the-district court for Douglas county, alleging that he was un
“ ‘The court further finds that since the 5th day of October, 1920, that said Otto Rose has absented and secreted himself from this court until the present time.’ ” '
The court denied the relief prayed. Petitioner appeals and alleges that the court erred, because it affirmatively appears from the answer and return that appellant had not been charged with the commission of any crime or offense whatsoever.
Section 9263, Rev. St. 1913, provides that on proceedings in habeas corpus the person who makes the retxxrn, if he has the relator in his custody, or power, or under restraint, “shall set forth at large the authority and the true and whole cause of such imprisonment and restraint, with a copy of the writ, warrant, or other process, if any, upon which the party is detained.”
No copy of any complaint charging relator with the violation of any law is set out in the return, nor does the return show that the court found plaintiff guilty of any crime, or that his age, conduct or condition of life brought him within the class of persons subject to commitment to the industrial school. Indeed, the return fails to contain any allegation, or disclose any fact, which warrants respondent in restraining relator of his liberty. It has been held from time immemorial that,
Reversed.