In Re Lincoln
Supreme Court of the United States
PETITION FOR A WRIT OF HABEAS CORPUS. The petitioner was convicted in the District Court for the District of Nebraska on an indictment charging that he did “wrongfully and unlawfully introduce into Indian country, to wit, into and upon the Winnebago" Indian Reservation, a res- ■ ervation set apart for the exclusive use and benefit of certain tribes of the Winnebago Indians, certain spirituous, vinous, malt and other intoxicating liquors."
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PETITION FOR A WRIT OF HABEAS CORPUS. The petitioner was convicted in the District Court for the District of Nebraska on an indictment charging that he did “wrongfully and unlawfully introduce into Indian country, to wit, into and upon the Winnebago" Indian Reservation, a res- ■ ervation set apart for the exclusive use and benefit of certain tribes of the Winnebago Indians, certain spirituous, vinous, malt and other intoxicating liquors." Upon this conviction he was sentenced to pay a fine of $100 and the costs of prosecution and to be imprisoned in the jail of Douglas County, Nebraska, for…
1Opinion of the CourtJustice Brewer
The sixty days named as the term of imprisonment had expired before the case was submitted, and indeed had almost expired before the application was made for the writ. There is-nothing to show whether the fine and costs have been-collected upon execution, as the sentence authorizes. If not so collected' and if they -cannot be collected, then, though possibly still in jail, he can shortly be discharged on taking the poor debtor’s oath. Rev. Stat. § 1042. This section authorizes a discharge after a confinement of thirty days on account- of the non-payment of fine and costs.- So that within…
2Cases cited38 opinions
- Ex Parte RoyallSupreme Court of the United States · 1886
- Mills v. GreenSupreme Court of the United States · 1895
- In Re NeagleSupreme Court of the United States · 1890
- Boske v. ComingoreSupreme Court of the United States · 1900
- Fitts v. McGheeSupreme Court of the United States · 1899
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3Cited by69 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Fay v. NoiaSupreme Court of the United States · 1963
- Bowen v. JohnstonSupreme Court of the United States · 1939
- Sunal v. LargeSupreme Court of the United States · 1947
- Sunal v. LargeSupreme Court of the United States · 1947
64 more not listed; retrieve them via the Exa API.