In re Wade

Citations

• 3 D. Haw. 281

Syllabus

<p>Practice — Sabeas Corpus — Proof of oral decision not entered in the record: A prisoner brings proceedings for a writ of habeas corpus and tbe judge orders his discharge. The respondent gives notice of appeal and the prisoner continues in custody. Long afterwards he brings new proceedings in habeas corpus in another jurisdiction, reciting such former order of discharge. The respondent alleges hearing on appeal of former case and that the order of discharge appealed from was reversed by the court and prisoner remanded, but shows no copy of decision or order or record of any kind, only reciting \as more fully appears on the minutes of\ appellate court. Held,, denying prayer for discharge, that evidence of such decision would be received with caution and considered.</p>