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HomeMy WebLinkAboutHabeas Corpus Petitions 1936 Habeas Corpus 1936 Form 930 State of North Carolina, __._Cakarrua I, .... BPice Js._Wilietord Court, do hereby certify that the foregoing is a true copy of the sentence as appears by the records of said Court in the above entitled case. Witness my hand, this The above defendant being tried on several criminal charges would shake her head when asked questions by the court. The court admanished her that when a question was asked her by the court to answer "No, sir" instead of shaking the head. The defendant then made a face at said court. Misdemeanor (SEAL) SPATE OF NORTH CAROLINA, COUNTY OF CABARRUS. In the Matter of Mary Ida Eddleman PEFITION FOR WRIT: OF HABEAS CORPUS To the Hon. » one of the Superior Court Judges of the State of North Carolina: Your petitioner, Mary Ida Eddleman, respectfully showeth to Your Honor the following facts: 1. That your petitioner is in prison and restrained of her Dees in the common jail of Cabarrus Cowmty, in Concord, N. C., by Ray C. Hoover, Sheriff of Cabarrus County. 2. That the cause or pretense of such imprisonment or restraint, according to the knowlege and belief of your petitioner, is as follows: That on the 9th day of March, 1956, your petitioner was being tried on a charge of drunkenness and public profanity before Brice J. Willeford, a Magistrate of No. 4 Township, Cabarrus County, North Carolina; that during the presentation of the State's evidence the Magistrate contended that your petitioner made a "snoot" at him, and that she was thereupon promptly committed to the common jail for the County of Cabarrus for contempt of Court, _ no committment has be : Se That/Axsspyrxe 4. That the said imprisonment and restraint is illegal for the reason that your petitioner committed no acts which would constitute contempt of Court, and that the legality of said im- prisonment and restraint has not been already adjudged upon a oe writ of habeas corpus to the knowledge or belief of your petitioner. WHEREFORE, your petitioner prays Your Honor to grant her a writ of habeas corpus, to be directed to the said Ray C. Hoover, Sheriff of Cabarrus County, requiri him to bring before the body of your petitioner, with the cause OF her imprisonment and restraint, that thesame may be inquired into and relief may be afforded to your petitioner, Petitioner \ orneys ery Ida Eddleman, being duly sworn, deposes and says: That the foregoing petition is true to her own knowledge, except as to those matters stated on information and belief, and as to those she believes it to be true, Subscribed and sworn to before me, (/ this the 10th day of Marc 1936 witness my hand nd notarial sea , “Notar c — My Commission Expires: Fb STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG In the Matter of: Mary Ida Eddleman WRIT OF HABEAS CORPUS State of North Carolina, to Ray C. Hoover, Sheriff of Cabarrus County - Greeting: We command you that the body of Mary Ida Eddleman, by whatever name she may be called, in your prison and under your custody detained, as it is said, together with the date and L, of her taking and detention, you have before , one of the Judges of the Lele. fp 7 . State of North Carolina, at the Court House in 2, immediately after the receipt of this writ, to do and receive all and singular such things as shall then and there be considered of her in this behalf. And have you then and there this writ, Witness my hand, this the 10th day of March, 19356, af we Judge of the Xt gudtetel District of North Carolina North Carolina, In the Superior Court. Iredell County. The undersigned, Ida Mae Edcleman, Clara Phifer and Dewitt Rose acknowledging themselves indebted to the State of North Carolina in the sum of One Hundred ($100.00) Dollars, of good and lawful money of the United States of America. Signed, sealed and delivered this the llth day of March, 1936. The conditions of the foregoing, obligation is such that whereas Ida Mage Fddleman was tried before Brice J. wilford, Justice of the Peace of No. 4 Township, Cabarrus County, North Carolina, on March 9th,1936, on a charge of resisting arrest, together with other charges; And whereas the seid Justice of the Peace found the deféndant guilty of contempt of court bv reason of the fact that he alleges that the defendant made a face at him and therefipon committed the defendant to jail for thirty days for said contempt; And whereas Judge "!.F.Harding issued a writ of habeus corpus on the petition of the defendant, returnable before His Honor Felix Alley, Judge holding courts in the Fifteenth Judicial District in Statesville, North Carolina; And whereas upon the hearing of said petition and writ on the llth dav of March,1936, His Honor, Felix Alley, Judge as aforesaid, dissolved the writ and ordered that the sentence imposed be served; And whereas the defendant Ida Mae Fcc leman prays an appeal to the Supreme Court of Nort h Carolina, which appeal is hereby granted, or writ of certiorari to be hereafter applied for . Now, therefore, if the defendant Ida Mae Eddleman shall surrender herself to the custody of Ray C. Hoover, Sheriff of Cabarrus County under whose direction and control she is sentenced to serve said imprdsonment term or to the Superior Court of Cabarrus County or to any other official in authority as may be directed by the Supreme Court of North Carolina, then this obligation to be null and void, otherwise to remain in full force and effect. Pest Ket ___ North Carolina, Iredell County. Clara Phifer and Dewitt Rose, each being duly sworn, for herself and himself says: That they are residents and free-holders of the County of Cabarrus, State of North Carolina, and worth the sum of One Hundred ($100.00) Dollars, over and above property exemption from execution and exclusive of all indebtedness. This the llth day of March,1936. Dockil Kh pt Sworn to and subscribed before me, this the llth dgy of otary My commission expires Feb. 20th,1957. STATE OF NORTH CAROLINA CABARRUS coUNTY Im the Matter of MARY IDA EDDLEMAN Now comes the above petitioner, MarY Ida Eddleman, _ into Court by her attorneys, Armfield, Sherrin & Barnhardt, and hereby withdraws her appeal from the judgment and order of Hon, Felix E. AlleY, Judge Holding Court in the Fifteenth Judicial District, made in the above mentioned cause on the ___. day of March, 1936, on a writ of habeas corpus stYled as above. This the 2nd day of May,1956, ARMFIELD, SHERRIN & BARNHARDT ATTORNEYS ATLAW . CONCORD. N. C. FRANK ARMFIELD MARSHALL B. SHERRIN LUTHER E. BARNHAROT MaY 2, 1936 Clerk of Superior Court of Iredell Cowmty Statesville, North Carolina Dear Sirs Re: marY Ida Eddleman Enclosed You will find withdrawal of the order of appeal fran Judge Felix E. AlleY, rendered on the habeas corpus entitled as above, which please file, Yours very truly, ARMFIEID, SHERRIN & BARNHARDT aan sy CQ Cc to Mr. Hugh Mitchell Attorney at Law Statesville, N. C.