Ex parte Smith

DISSENTING OPINION OP

PERRY, J.

The petitioner was sentenced to imprisonment for the term of thirty days for an alleged contempt of the Circuit Court of the First Circuit and then brought this petition for a writ of habeas corpus to determine the legality of such sentence and commitment. Many questions ai’e presented.

One McCarthy was tried in the Circuit Court upon a charge of mayhem. The jury rendered a verdict of guilty. Thereafter, upon motion of counsel, the court discharged the defendant on the ground that there is no such crime known to our law as mayhem. This was on March 5, 1902. On…