Ex Parte McClain
California Supreme Court
HABEAS CORPUS from the Supreme Court to the Sheriff of the City and County of San Francisco to test the validity of a municipal ordinance under which petitioner was convicted in the Police Court. Charles T. Conlan, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
By ordinance No. 68 of the city and county of San Francisco it is made “ unlawful for any person to have in his possession any lottery ticket,” etc., and upon conviction of a violation of the terms of the ordinance the defendant may be punished by fine or imprisonment, or both. The petitioner here was convicted of a violation of this ordinance, and seeks his release under this writ, upon the asserted ground that the ordinance in question is unreasonable and void.
The United States government refuses the use of its mails to advertising lotteries, transmission of lottery tickets, the…
2Cases cited9 opinions
- United States v. KirbySupreme Court of the United States · 1869
- Ex parte MaierCalifornia Supreme Court · 1894
- Phelps v. . RaceyNew York Court of Appeals · 1875
- Ex Parte LorenzenCalifornia Supreme Court · 1900
- State v. McGuireOregon Supreme Court · 1893
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3Cited by21 opinions
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