Gusman v. Marrero - 180 U.S. 81 (1901)
U.S. Supreme Court
Gusman v. Marrero, 180 U.S. 81 (1901)
Gusman v. Marrero
Submitted December 3, 1900
Decided January 7, 1901
180 U.S. 81
The purpose of the proceeding in this case was to deliver from the custody of the sheriff of the parish of Jefferson, Louisiana, a person who was under sentence of death for the crime of assault with intent to commit rape, of which he was convicted. The contention of the appellee was that this was not an application for habeas corpus, nor for a writ of mandamus, but was an ordinary action. The appellant not only concedes the fact, but asserts it. It follows necessarily that he has no cause of action. The same result would follow if the court regarded the proceeding as one in habeas corpus.
The case is stated in the opinion of the Court.