Ex parte Harris
Mississippi Supreme Court
Ex parte Harris, 85 Miss. 4 (Miss. 1904)
Truly
Ex parte Harris
Opinion of the Court
delivered the opinion of the court.
Relator was entitled to his discharge. The affidavit by virtue of which he ivas detained charged no offense known to our law. Sec. 2228, Code 1892, does not affect this conclusion, for upon the investigation of the facts by the circuit judge it did not appear “that he [the relator] ought to be held for any crime alleged against him.” Accepting the testimony for the state as true, relator Avas not proven to have committed any crime. Under this vieAv of the case, it is not necessary to decide the constitutional question suggested.
The judgment of the circuit court is reversed, and the defendant discharged,.
Reference
- Full Case Name
- Ex Parte George Harris
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Landlord and Tenant. Laborer. Share-cropper. Violation of contract. Laws 1900, p. 140, oh. 101. Criminal law. Laws 1900, p. 140, ch. 101, making it a misdemeanor for any laborer, renter, or share-cropper, who has contracted with another person in writing for a specified time, not exceeding one year, to leave his employer or the leased premises before the expiration of his contract, without the consent of his employer or landlord, and make a second contract without giving notice of the first one to the second party, is not violated by a person, under such first contract, who merely obtained money from his employer or landlord on pretenses of going to certain places on business, and who left the premises of his employer or landlord and did not return. 2. Same. Habeas corpus. Discharge of relator. Code 1892, $ 2228. A relator who has been arrested upon an affidavit, purporting to be predicated of said statute, which charges no offense, should be discharged upon habeas corpus, notwithstanding Code 1892, § 2228, providing that a person shall not be discharged on habeas corpus because of invalid proceedings if -he ought to be held for any crime alleged against him, where it is not made manifest that he has been guilty of some crime.