In re Holt
Opinion
Lead Opinion
Hager, J.
It appears by the testimony that a person named Bonefly was charged with the crime of murder in Klamath county. That he was brought before a Justice of the Peace, and, after a hearing, a warrant of commitment was issued by the magistrate, on which he was taken, and with the commitment delivered to the nstitioner, Holt, the Sheriff of the county of Klamath. That he took him to the adjoining county of Trinity, and while there the County Judge of Trinity made am order directing Holt, the Sheriff of Klamath, to take him to fk® Lunatic Asylum at Stockton. That Holt proceeded with Bonelly as far as Sacramento, and there voluntarily suffered Mm to go at large, since which time he has not been heard of. If appears that the jail of Klamath county is at Crescent City, wMch town, by a law said to be passed by the present Legislature, is within the territory of *22 the county of Del Horíe, a new "county created out of a portion of the county of Klamath. There being no jail in the present county of Klamath, and no evidence that the authorities of that county made any order for the confinement of prisoners in the jail of any contiguous county, it is a matter of uncertainty where Donelly should…