Case Summary
On January 20, 1922, Frank Sellers filed for habeas against Sheriff, Michael L. Clark. In the petition, Sellers explained that he had plead guilty to grand larceny on March 5, 1919, and placed on probation. Such probation was later revoked on March 27, 1920, and a new sentence placed Sellers in the State Penitentiary at Lincoln, NE, for 1 to 7 years. Sellers' attorneys argued that the second sentence was void and that habeas was the correct legal action to get Sellers released. A writ was issued, a demurrer was motioned, and on February 4, 1922, the writ was denied, and Sellers remained in custody.
Case Information
Petition type(s)
Petition subtype(s)
Sites of significance
Outcome
Writ denied
Fate of bound party
Remained in custody
Case Citation
Douglas County (NE) Criminal Appearance Docket Books, Vol. 24: ca. 1921 - 1922, p. 586; RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Roll 104: 24-581 to 24-704, Jan. 18, 1922 - Feb. 23, 1922, No. 24-586 (microfilm)
Length of case file
Between 21 and 30 pages
Repository(s)
State
Point(s) of law cited
Michelson V Beemer, 72 Neb. Page 761
Cole V State 180 N. W. Page 564
Section 9152, Revised Statute of Nebraska 1913
Corpus Juris, Volume 16, Page 1311
Smithey V State, 93 Miss. 257
Compare Wecheler V United States, 185, Federal 579
Re Kelly 65, California, 154
3 L. A. R. Page 1572
Ex Parte Duff, 105 N. W., Page 138
Ex Parte Cole 174 N. W. at Page 509, and Page 848
Michaelson v Beemer, 12 Nebr. 761, 101 N. W. 1007
McCormick V State 66 Nebr. 337, 12 N. W. 606
In Re Reed, 143 Cal. 634: 77 Psc. 660
State V Klock, 48 La. Ann 67|55 A. S. R. 259
State V Perkins, 143 La. 55: 120 N. W. 62
In re Williams, 39 Minn. 172: 39 N. W. 65
Ex Parte Shaw, 7 Ohio St. 81|70 Am. Dec. 55
