Case Summary

In August 1923, Thomas Vann petitioned for a writ of Habeas Corpus on the grounds he was being unlawfully restrained of his liberty by Michael Endres, Sheriff of Douglas County, Nebraska. Vann was charged, found guilty, and sentenced to sixty days in jail for vagrancy. At trial, on appeal from police court, Vann was sentenced by Judge L.B. Day to serve an additional nine months in jail for said offense. The petition alleged Judge Day exceeded his jurisdiction in passing said sentence. Judge Day ruled that the sentence of two hundred and seventy days in jail was excessive and illegal, as the maximum limit of the municipal court of the City of Omaha for matters of said kind is ninety days, and ruled Vann be released and discharged from custody.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Vagrancy

Sites of significance

• Douglas County Jail (Omaha, Nebraska)

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. 284; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 115: 26-202 to 26-327, Jul. 19, 1923 - Sep. 14, 1923, No. 26-284

Source material(s)

Docket | Case File

Length of case file

Between 11 and 20 pages

Repository(s)

• Douglas County District Court (Omaha, Nebraska)

State

• Nebraska

Tag(s)

• Technical vagrancy

People

• Vann, Thomas (petitioner)
• Vann, Thomas (bound party)
• Morearty, Edward F. (Ed. F.) (petitioner attorney)
• Endres, Michael L. (M. L. Endres) (respondent)
• Endres, Michael L. (M. L. Endres) (responding party)
• Endres, Michael L. (M. L. Endres) (holding party)
• Day, L. B. (judge)

• Additional parties

  Beal, Henry (County Attorney)

  Smith, Robert (Clerk)

  Fanley, Mary (Notary Public)

  Gross, D.J. (Deputy);