Supreme Court of Arkansas, 1843

Ex parte Rohe

Ex parte Rohe
Supreme Court of Arkansas · Decided January 15, 1843 · Paschal
5 Ark. 104

Ex parte Rohe

Opinion of the Court

By the Court,

Paschal, J.

The mittimus returned by the sheriff sets forth no offence with which the prisoner is charged, or of which he,stands convicted; nor does the said precept run in the name of the State. When a man is imprisoned, the cause of his caption and detention should be sent along with him. The writ is wanting in a constitutional provision necessary to all writs; and it is equally insufficient in not setting forth the cause of the restraint of liberty.

The prisoner must, therefore, be discharged.

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