In the matter of the Application of Nettie Goodwin and George Armstrong for a writ of Habeas Corpus
December 18, 1923
- December 28, 1923
Petitioned on December 20, 1923
Filed before the Douglas County District Court (Omaha, Nebraska)
Case ID: hc.case.ne.1413
Case Summary
On December 18, 1923, the governor of Nebraska issued a warrant for the arrest of Nettie Goodwin and George Armstrong on the charges of adultery and being fugitives from justice. This was based on a request from the governor of Iowa, N.E. Kendall, where the accused were from. Interestingly, the writ was directed both at the deputy sheriff of Woodbury County, Iowa, Frank Jibb, and his wife. The couple were soon arrested and were confined by Douglas County sheriff Michael L. Endres, Frank Jibb, and an unknown man, called John Doe in court papers. They filed a petition for a writ of habeas corpus on December 20, 1923, claiming that they were being confined unlawfully since their arrest wasn't based on an affidavit or indictment from a magistrate, they weren't charged with a crime in the warrant for their arrest, there was no date specified for when this adultery was committed, and they had not left Iowa to escape prosecution. Interestingly, Goodwin and Armstrong believed that they were being confined based on a warrant from Iowa, not Douglas County. In turn, the defendants presented the warrant from the governor and said that John Doe didn't exist and there was no third man confining the couple. On December 21, 1923, an answer and return to the writ was issued and the case was continued until further order. At a hearing on Christmas Eve 1923, the application was granted and the relators were ordered released from custody.
Case Information
Petition type(s)
Petition subtype(s)
- Fugitive from justice
- Adultery
Sites of significance
Outcome
Writ allowed
Fate of bound party
Released from custody
Case Citation
Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series: Criminal Appearance Docket Books, Vol. 26: ca. 1923 - Jan. 1924, p. 576; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 118: 26-544 to 26-660, Dec. 14, 1923 - Jan. 9, 1924, No. 26-576
Source material(s)
Docket |
Case File
Length of case file
Between 11 and 20 pages
Repository(s)
State
Tag(s)
