§ 29-2819 — Writ; return of person detaining; prima facie evidence of cause of detention, when; order for costs

Nebraska § 29-2819

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

Upon the return of any writ of habeas corpus, issued as aforesaid, if it shall appear that the person detained or imprisoned is in custody under any warrant or commitment in pursuance of law, the return shall be considered as prima facie evidence of the cause of detention; but if the person so imprisoned or detained is restrained of liberty by any alleged private authority, the return of the writ shall be considered only as a plea of the facts therein set forth, and the party claiming the custody shall be held to make proof of such facts. Upon the final disposition of any case arising upon a writ of habeas corpus, the court or judge determining the same shall make such order as to costs as the case may require.

Legislative History

Source: G.S.1873, c. 58, § 373, p. 809; R.S.1913, § 9265; C.S.1922, § 10294; C.S.1929, § 29-2819; R.S.1943, § 29-2819. Annotations: In habeas corpus proceeding against the warden of the state penitentiary, seeking the release of a prisoner, the return to the writ is prima facie evidence of the cause of detention. Goodman v. O'Grady, 135 Neb. 612, 283 N.W. 213 (1939); Sanclaer v. State, 111 Neb. 473, 196 N.W. 686 (1923). Warrant of arrest and detention in hands of officer executing it is prima facie evidence of cause of detention. Chandler v. Sipes, 103 Neb. 111, 170 N.W. 604 (1919). Return of officer is prima facie evidence of facts therein stated. McIntyre v. Mote, 77 Neb. 418, 109 N.W. 763 (1906). Respondent is bound to establish, by evidence, facts set up in return. In re Application of Thomsen, 1 Neb. Unof. 751, 95 N.W. 805 (1901).