In re Donnelly
Supreme Court of Kansas
Original Proceedings in Habeas Corpus. Petition for a writ of habeas corpus, filed in this court, March 22, 1883, by Neil Donnelly and Morris Cotter.
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Original Proceedings in Habeas Corpus. Petition for a writ of habeas corpus, filed in this court, March 22, 1883, by Neil Donnelly and Morris Cotter. The petitioners alleged that— “They are unlawfully imprisoned, detained, confined and restrained of their liberty by Henry B. Asher, -at the city of Lawrence, in the county of Douglas and state of Kansas; that said imprisonment, detention, confinement and restraint are illegal; and that the illegality thereof consists in this, to wit: that the said Asher pretends and claims to hold your petitioners and restrain them of their liberty under and by…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This is a proceeding in habeas corpus,. brought originally in this court. The petitioners were charged with the offense of selling intoxicating liquors in violation of' the prohibitory law. This offense is a misdemeanor, in which the fine cannot exceed $500, and the imprisonment cannot exceed one year. It is conceded that of such offenses jus*193tices of the peace and the district courts have concurrent original jurisdiction. (Laws of 1869, ch. 61, §§ 1, 2; Gen. Stat. 1868, ch. 28, § 1; Comp. Laws of 1879, ch. 83, § 1; id., ch. 28, §1; The…
Also in this document: Concurrence.
2Cases cited1 opinion
- State v. GranvilleSupreme Court of Kansas · 1881
3Cited by8 opinions
- State v. GleasonSupreme Court of Kansas · 1884
- In re CrandallSupreme Court of Kansas · 1898
- Ex parte Pruitt & HarperSupreme Court of Alabama · 1892
- State v. LundSupreme Court of Kansas · 1892
- In re MackeSupreme Court of Kansas · 1883
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