In re Terrett
Montana Supreme Court
Original application by L. R. Terrett for a writ of habeas corpus. We contend that section 3078 of the Political Code is unconstitutional, for the reason that the Act of February 26, 1895, of which it forms a part, did not include the subject matter of said section within the title of the Act.
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Original application by L. R. Terrett for a writ of habeas corpus. We contend that section 3078 of the Political Code is unconstitutional, for the reason that the Act of February 26, 1895, of which it forms a part, did not include the subject matter of said section within the title of the Act. It contains more than one subject, to-wit, a provision for a bounty and the penalty clause, and a definition of and provision for the offense of perjury, and a definition of and provision for the offense of forgery. The following authorities disclose that such a condition cannot be permitted under our…
1Opinion of the CourtJustice Holloway
On October 24, 1905, an information was filed in the district court of Rosebud county charging the petitioner, L. R. Terrett, *331with the crime of forgery. The petitioner was arrested and confined in the county jail. He thereupon made application to the chief justice of'this court for a writ of habeas corpus, which writ was issued, and upon the return the matter was argued and submitted to the court.
Two questions only need to be considered: 1. Are the statutes under which the prosecution is conducted valid? 2. Does the information state facts sufficient to constitute a public offense?
1. The…
2Cases cited9 opinions
- State v. McKinneyMontana Supreme Court · 1904
- Moore v. CommonwealthCourt of Appeals of Kentucky · 1892
- Ex parte HibbsDistrict Court, D. Oregon · 1886
- Luttrell v. StateTennessee Supreme Court · 1886
- State v. BernheimMontana Supreme Court · 1897
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3Cited by17 opinions
- State ex rel. Hay v. AldersonMontana Supreme Court · 1914
- State v. DriscollMontana Supreme Court · 1936
- Elliott v. McCreaIdaho Supreme Court · 1913
- Rampton v. BarlowUtah Supreme Court · 1970
- County of Silver Bow v. DaviesMontana Supreme Court · 1910
12 more not listed; retrieve them via the Exa API.