Ex Parte Taft v. Shaw
Supreme Court of Missouri
Habeas Corpus. (1) Any court possessing the power and authority to issue the writ of habeas corpus has the power by means of such writ to investigate the constitutionality of a statute or ordinance upon which a judgment resulting in the imprisonment of the petitioner was obtained; and where the same is unconstitutional, the petitioner will be as much entitled to be discharged as if the judgment was based upon no apparent legal enactment.
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Habeas Corpus. (1) Any court possessing the power and authority to issue the writ of habeas corpus has the power by means of such writ to investigate the constitutionality of a statute or ordinance upon which a judgment resulting in the imprisonment of the petitioner was obtained; and where the same is unconstitutional, the petitioner will be as much entitled to be discharged as if the judgment was based upon no apparent legal enactment. Ex parte Lucas, 160 Mo. 218; Ex parte Meet, 157 Mo. 527; Ex parte Walter Smith, 135 Mo. 224; Ex parte Knight, 41 So. 786; In re Smith, 143 Cal. 368;…
1Opinion of the CourtGraves, J.
In this court Philip Taft sued out a writ of habeas corpus, the purpose of which is to test the legality of his imprisonment under a judgment of the Criminal Court of Jackson County, rendered May 27, 1920. By such judgment he was fined $500 and committed, by a commitment in usual form, to imprisonment at the Municipal Farm of Kansas City for the non-payment of such fine.
The action began in the Municipal Court of Kansas^ City, and by defendant’s appeal reached the criminal court. The basis of the prosecution was Ordinance No. 33205 of Kansas City, the first section of which reads:
“Section 1, —…
2Cases cited3 opinions
- Kansas City v. Marsh Oil Co.Supreme Court of Missouri · 1897
- Ex parte JacksonSupreme Court of Arkansas · 1885
- Kansas City v. NealMissouri Court of Appeals · 1892
3Cited by27 opinions
- Williams v. KaiserSupreme Court of the United States · 1945
- State v. MitchellSupreme Court of Missouri · 1978
- State v. CarterSupreme Court of Missouri · 1972
- Ex Parte Hernreich v. QuinnSupreme Court of Missouri · 1943
- Ex Parte Diemer v. WeissSupreme Court of Missouri · 1938
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