Legal Opinion

In Re Hallawell

California Court of Appeal

Decided July 18, 1908No. Crim. No. 98PublishedCited by 7 opinions

PETITION for writ of habeas corpus to the Sheriff of San Diego County. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

It appears that petitioner is committed to jail under an information filed by the district attorney of San Diego county charging him with the crime of selling a preparation of opium, the purchaser thereof not having a prescription therefor as required by section 8 of “An Act to regulate the sale of poisons in the State of California and providing a penalty for the violation thereof,” approved March 6, 1907. (Stats. 1907, p. 124.)

Petitioner contends that said act is unconstitutional, and hence the sale of the opium compound could not constitute a public offense. Section 8 of the act in…

2Cases cited9 opinions

  1. Ex parte ChristensenCalifornia Supreme Court · 1890
  2. State v. WilliamsSupreme Court of Missouri · 1883
  3. Ex parte ShenCalifornia Supreme Court · 1893
  4. State v. Ah ChewNevada Supreme Court · 1881
  5. City of San Luis Obispo v. PettitCalifornia Supreme Court · 1891

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3Cited by7 opinions

  1. State v. TaylorTennessee Supreme Court · 2002
  2. People v. JaurequiCalifornia Court of Appeal · 1956
  3. Matter of Yun QuongCalifornia Supreme Court · 1911
  4. Ex Parte HallawellCalifornia Supreme Court · 1909
  5. Singletary v. Wilson, SuperintendentSupreme Court of South Carolina · 1939

2 more not listed; retrieve them via the Exa API.

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