In re Watson
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Writ of habeas corpus proceedings by James Watson for his discharge from custody under a commitment issued on his conviction of peddling without a license. From a judgment directing his release from custody the state appeals.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Writ of habeas corpus proceedings by James Watson for his discharge from custody under a commitment issued on his conviction of peddling without a license. From a judgment directing his release from custody the state appeals. Under the general police powers of the state an act regulating peddlers and requiring a license fee is not unconstitutional; City of St. Paul v. Briggs, 88 N. W., 984; Racine Iron Co. v. McCommons, 51 L. R. A., 134; Howe Machine Co. v. Gage, 100 U. S., 676; Am Refrigerator Co. v. Hall, 174, U. S.,…
1Opinion of the CourtHaney, P. J.
This proceeding, instituted in the circuit court by James Watson to secure his discharge from custody under a; warrant of commitment issued by a justice of the peace' upon a conviction on the charge of dealing as a peddler without a license, resulted in his release, and the state appealed.
It is contended that the act upon which the conviction was based is unconstitutional, and such was, we assume, the view of the learned circuit court, as-it seems to have been conceded that the proceedings before the justice were in all respects regular and within the terms of the statute. The act, the…
2Cases cited10 opinions
- State v. BeckerSouth Dakota Supreme Court · 1892
- Gatlin v. Town of TarboroSupreme Court of North Carolina · 1878
- City of Newton v. AtchisonSupreme Court of Kansas · 1883
- Lasher v. PeopleIllinois Supreme Court · 1899
- Fleetwood v. ReadWashington Supreme Court · 1899
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3Cited by39 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- State v. First State Bank of JudNorth Dakota Supreme Court · 1924
- Behrns v. BurkeSouth Dakota Supreme Court · 1975
- City of Louisville v. SebreeCourt of Appeals of Kentucky (pre-1976) · 1948
- Clem v. City of YanktonSouth Dakota Supreme Court · 1968
34 more not listed; retrieve them via the Exa API.