Ex Parte Hollman
Supreme Court of South Carolina
Petition in this Court in its orginal jurisdiction by Jack Hollman for writ of habeas corpus. The cause was first argued at the April term, 1907, but during the November term, 1907, was ordered reargued before Court en banc January 16, 1908. Oral argument.
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Petition in this Court in its orginal jurisdiction by Jack Hollman for writ of habeas corpus. The cause was first argued at the April term, 1907, but during the November term, 1907, was ordered reargued before Court en banc January 16, 1908. Oral argument. Mr. Parker cites: As to jurisdiction: 9 S. C., 80; 15 Ency., 204, 205; 32 S. C., 583, 123; 5 S. C., 71; 3 Pet, 206; 1 Pet., 340. As to the constitutionality of the Act: 32 S. C., 123; 56 S. C., 420 ; 61 S. C., 71; Con., art. I, sec. 24; 16 Ency., 22-25; 45 Am. Dec., 396; 77 N. C., 329; 37 Am, St. R., 738; 3 T. R., 98; Tied. Dim. Police…
1DissentJustice Jones
The petitioner, Jack
Holman, was convicted' before a magistrate -and sentenced to imprisonment for violation of Section 357 -of the Criminal Code. He now makes application for his discharge under habeas corpus proeedings upon the ground that the statute is unconstitutional.
1 It is objected that the constitutionality of the statute can not be tested under habeas corpus. This question has not been expressly 'decided! in this State, but the latest practice has been to permit such question to be raised under said writ, and this accords with the general principle decided — that the jurisdiction of…
2Cases cited26 opinions
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- Barbier v. ConnollySupreme Court of the United States · 1884
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- Soon Hing v. CrowleySupreme Court of the United States · 1885
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
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