Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-03-10
OPINION
BY Massey, j.

OPINION
By Massey,J.
The facts shown by tho petition, the re-
turn of the Warden, and otherwise, are
all conceded. 1t was shown that the pc
titioner was indicted by the grand jury
of Lincoln County on the 3lst day of oc-
tober, 1895, for the crime of murder com
mitted on the 18th day of Ociober, 1895;
that he was tried therefor on the Il day
of November 1895, in the District Court
of the Fourth Judicial District of the
State Of Nevada, in and for Lincoln
County, by jury and convicted eff the
crime of rape; that on the 10th day of
November, lS95.hc was sentenced to serve
term of twenty years in the State
Prison under a judgment based upon
said verdict convincing him of the crime
OF rape. The indictment upon which he
was tried charges him with having COM
mitted the crime Of murder in the perpe
traton Of rape upon one Liza, an Indian
girl under the age Of fourteen years. The
commitment set up in the return Of the
Warden, after properly stating the court
and cause, rscites: "This being the time
set for passing sentence, the defendant
with his attorney F. X. Murphy, Esq, to-
gether with the District Attorney, -.
Osborne, Esq. are in court. The defend
ant Joseph Della was then informed by
the court of an indictment having been
found against him by the grand jury Of
Lincoln County, State of Nevada, on Oc-
tober 31st. A. D. 1895, for the crime Of
murder, alleged to have been committed
on or about the 18th day of October, 1895,
at the said Lincoln County and the State
of Nevada; of his arraignment thereon
on the 4th day of November, A. d. 1885,
Of his plea of not guilty as charged in
the Indictment on the 4th dav of Nevein
Der, A. D. 1895, and of said plea being
duly entered; of his trial and the verdict
of the jury on the 18th day Of Nevembe
A. D. 1895. The defendant was then
asked by the court if he had any legal
cause to show why Judgment should
not be pronounced against him; no legal
caHse appearing or being shown to the
court why Judgment should not be pro-
nounced in this case, the court rendered
it's judgment and, 1t is ordered, Judged
and decreed that you, Joseph Della. be
punished for the crime Of which you
have been convicted in this ceurt by be-
ing jncarcerated in the State Prison of
the State Of Nevada for the term of
twenty years. Defendant is remanded
to the custody Of the Sheriff -" The Clerk
OF the court certifies that the foregoing is
full, true and correct copy of the orig
inal judgment in the case of the State o.
Nevada vs.. Joseph Della. The verdict re-
turned, after recitiHg the court and
cause, is as follows: I'VE the jury in the
absve entitled action find the defendant
guilty of rape. l. n. Garrison, Fore
man.
The petitioner claims that under the
showing made by the petition, return o
the Warden and the record, the court eX
ceeded its jurisdiction in rendering thu
judgment and imposing the sentence, anC
it is therefore null and void, and the pro
cess issued thereon does not warrant hi
detention. Against this claim it is con
tended that the commitment set up il
the return of the Warden shows that tn
petitioner is restrained of his liberty pun
suant to valid judgment of. a eompe
tent court Of criminal jurisdiction and
valid process issued thereon-that tn
court had jurisdiction of the person G
the petitioner and the subject matte
namely, the crime of murder charged i
the indictment, and that such shown
not only authorizes his detention, but
conclusive and cannot be attacked or i'm
peached on habeas corpus. Is the con
mitment valid, and does it show vail
judgment of court OF competent juri
diction?
By Section $50 of our Criminal Pr
cedure, Gen. Stats, $780, it is required tn
when Judgment upon conviction
rendered the Clerk shall enter the san
in the minutes, stating briefly the often
for which the conviction has been ha
and shall within five days annex
gether and file the following pape
which shall constitute the record of t
action: First, a copy Of the minutes
any challenge which may have been
terposed by the defendant to the panel
the grand jury, or any individual gra
juror, and the proceedings thereon; S.
ond, the Indictment and a copy of t
minutes of the plea or demurrer; Thf
q copy Of the minutes Of any challen
which may have been interposed to
panel of the trial jury, or al individ
juror, and tho proceedings there
Fourth, q copy of the minutes Of
trial; Filth, q copy of the minutes of
Judgment; Sixth, the bill of exceptie
if there be one; Seventh, tho writ