In re Crane
Idaho Supreme Court
Application for writ of habeas corpus. It has been held by all the courts of last resort in the United States, passing upon statutes similar to the one under discussion, that such statutes, prohibiting the mere possession of intoxicating liquor for one’s own use, are not a legitimate exercise of the police power, in that such possession is not inherently injurious to the health, morals or safety of the public, and that the enactment of such statutes is an attempt at the…
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Application for writ of habeas corpus. It has been held by all the courts of last resort in the United States, passing upon statutes similar to the one under discussion, that such statutes, prohibiting the mere possession of intoxicating liquor for one’s own use, are not a legitimate exercise of the police power, in that such possession is not inherently injurious to the health, morals or safety of the public, and that the enactment of such statutes is an attempt at the abridgment of the privileges and immunities of the citizen, without legal justification, is confiscation of property without…
1Per curiam
— The petitioner, Ed Crane, was arrested upon the charge of having intoxicating liquor in his possession in Latah county and upon preliminary examination had before a magistrate was held to answer said charge in the district court, and in default of bail was committed to the custody of the sheriff. This proceeding was commenced by filing a petition for a writ of habeas corpus to procure his release from custody.
The agreed facts necessary to a determination of the questions of law here presented are that on the 16th day of May, 1915, the petitioner had in his possession in Latah county a…
2Cases cited25 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Munn v. IllinoisSupreme Court of the United States · 1877
- Barbier v. ConnollySupreme Court of the United States · 1884
- Montclair v. RamsdellSupreme Court of the United States · 1883
- Sinking-Fund CasesSupreme Court of the United States · 1879
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3Cited by53 opinions
- Jones v. State Board of MedicineIdaho Supreme Court · 1976
- Crane v. CampbellSupreme Court of the United States · 1917
- Massey v. United StatesCourt of Appeals for the Eighth Circuit · 1922
- Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
- Lakes v. GoodloeCourt of Appeals of Kentucky · 1922
48 more not listed; retrieve them via the Exa API.