In re Davis
Idaho Supreme Court
Original application by sheriff of Cassia county to obtain custody of prisoner. The questions presented are, first: Is the new law unconstitutional and void by reason of its being ex post facto in this nature? Second: If so, is the old law repealed by virtue of the new law — or, in other words, under which law must the sentence resting upon Davis be carried out? So far as the new law is concerned the supreme court of the United States ha? held that such a law is ex post…
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Original application by sheriff of Cassia county to obtain custody of prisoner. The questions presented are, first: Is the new law unconstitutional and void by reason of its being ex post facto in this nature? Second: If so, is the old law repealed by virtue of the new law — or, in other words, under which law must the sentence resting upon Davis be carried out? So far as the new law is concerned the supreme court of the United States ha? held that such a law is ex post facto as to crimes committed prior to this passage, since it changes- the punishment in such material degree as to come…
1Opinion of the CourtSullivan, J.
— This is an apiolication for a writ of habeas corpus made by J. E. Burke, sheriff of Cassia county, to obtain the custody of one Jack Davis who was convicted of the crime of murder and sentenced to be hung therefor. Said sentence was stayed, pending an appeal to this court, which appeal was decided against said Davis, and thereafter his execution was fixed for February 1, 1899. Thereafter, upon application for a writ of habeas corpus to the federal court, execution was stayed until an appeal to the federal court should be determined. On February 18, 1899, the legislature of Idaho passed ■an…
2Cases cited6 opinions
- MedleySupreme Court of the United States · 1890
- People v. McNultyCalifornia Supreme Court · 1892
- Carlock v. CagnacciCalifornia Supreme Court · 1891
- McNulty v. CaliforniaSupreme Court of the United States · 1893
- People v. VincentCalifornia Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Davis v. BurkeSupreme Court of the United States · 1900
- Simborski v. WheelerSupreme Court of Connecticut · 1936
- La Porte v. StateArizona Supreme Court · 1913
- In Re FaltinArizona Supreme Court · 1927
- State v. McMahanIdaho Supreme Court · 1937
2 more not listed; retrieve them via the Exa API.