Docket Entry, Motion Overruled and Discharge, 5 January 1843 [Extradition of JS for Accessory to Assault]

  • Source Note
  • Historical Introduction
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In the Matter of Joseph Smith) On
And now at this day comes again the said Joseph Smith. by his Attorney and at the same time also comes Attorney General of the State of and the court being now sufficeintly advised of and concerning the motion heretofore entered to dismiss the proceedings in this cause, it is considered that said motion be denied. And the Court having fully considered the Petition of the said Joseph Smith and the matters & and things set forth in the return made to the writ of Habeus Corpus issued herein and being now sufficently advised of and concerning the same. It is considered and adjudged that the matters and things set forth in the return to the said writ of Habeus Corpus are wholly insufficient in law to authorize the arrest and detention of the said Joseph Smith: And it is further considered and ordered and adjudged by the court that the said Joseph Smith be fully released and discharged from the custody of Sheriff of under the warrant of the of the State of mentioned in the said return. and also from the custody of on the Proclamation of the said mentioned in the said return and that he go home without day [p. [31]]
In the Matter of Joseph Smith) On
And now at this day comes again the said Joseph Smith. by his Attorney and at the same time also comes Attorney General of the State of and the court being now sufficeintly advised of and concerning the motion heretofore entered to dismiss the proceedings in this cause, it is considered that said motion be denied. And the Court having fully considered the Petition of the said Joseph Smith and the matters and things set forth in the return made to the writ of Habeus Corpus issued herein and being now sufficently advised of and concerning the same. It is considered and adjudged that the matters and things set forth in the return to the said writ of Habeus Corpus are wholly insufficient in law to authorize the arrest and detention of the said Joseph Smith: And it is further considered ordered and adjudged by the court that the said Joseph Smith be fully released and discharged from the custody of Sheriff of under the warrant of the of the State of mentioned in the said return. and also from the custody of on the Proclamation of the said mentioned in the said return and that he go home without day [p. [31]]
Page [31]