In re Guerra
Supreme Court of Vermont
Petition for writ of habeas corpxis brought to the Supreme Court for Washington County, and heard on the facts set forth' in the petition. The opinion states the case. Congress cannot confer jurisdiction in criminal offences or penal laws of the United States upon state courts. Huber v. Beily, 53 Pa.
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Petition for writ of habeas corpxis brought to the Supreme Court for Washington County, and heard on the facts set forth' in the petition. The opinion states the case. Congress cannot confer jurisdiction in criminal offences or penal laws of the United States upon state courts. Huber v. Beily, 53 Pa. St. 112; State v. McBride, (S. C.) 1 Rice 400; Davison v. Champion, 7 Conn. 244; Houston v. Moore, 5 Wheat. 1; Boberison v. Baldwin, 165 U. S. 275; People v. Fonda, 62 Mich. 40Í; State v. Pike, 15 N. IT. 83; People v. Kelly, 38 Cal. 145; Commomvealth v. Kitchen, 141 Ky. 655.
1Opinion of the CourtTaylor, J.
The relator was convicted in the city court of Montpelier, December 31, 1919, on a complaint charging that at a time and place named he did keep and expose for sale intoxicating liquor with intent to sell and furnish the same without authority, contrary to the form of the statute, etc. He was sentenced to the House of Correction, where he is now imprisoned, and brings this proceeding to test the legality of his conviction and imprisonment. On the trial the relator objected that the court was without jurisdiction in the premises, for that the statute upon which the complaint was founded was…
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