Ex parte Rohe

Decided January 15, 1843

Supreme Court of Arkansas · decided 1843-01-15

This was an application for a writ of habeas corpus. Rohe was brought before the Hon. Thomas S. Reynolds, Mayor of Little Rock, on the 10th of April, 1843, charged with an attempt to rescue, from the custody of the city constable, a person who was in his custody. He required no jury; and the Mayor, after hearing evidence, adjudged that the State recover of him, for the use of the city, $25 and costs.

Decided 1843-01-15

¶1By the Court,

Paschal, J.

¶2The mittimus returned by the sheriff sets forth no offence with which the prisoner is charged, or of which he,stands convicted; nor does the said precept run in the name of the State. When a man is imprisoned, the cause of his caption and detention should be sent along with him. The writ is wanting in a constitutional provision necessary to all writs; and it is equally insufficient in not setting forth the cause of the restraint of liberty.

¶3The prisoner must, therefore, be discharged.