Legal Opinion

In re Donnellan

Washington Supreme Court

Decided May 28, 1908No. 7143PublishedCited by 18 opinions

Application filed in the supreme court December 27, 1907, for a writ of habeas corpus to discharge from custody a defendant charged with the crime of keeping a theater open on Sunday.

1Opinion of the CourtMount, J.

This is an application for discharge on writ of habeas corpus. The petitioner alleges that he is restrained of his liberty by the sheriff of King county, under a complaint in justice court charging the petitioner with having kept open a theater and place of amusement on Sunday, and therein performed as an actor, in violation of Bal. Code, § 7250 (P. C. § 1886), and that petitioner is unlawfully restrained of his liberty by reason of the unconstitutionality of the statute named. It is claimed that the section in question is uncon*462stitutional upon the following grounds: (1) Because it is…

2Cases cited17 opinions

  1. Soon Hing v. CrowleySupreme Court of the United States · 1885
  2. Petit v. MinnesotaSupreme Court of the United States · 1900
  3. Marston v. HumesWashington Supreme Court · 1891
  4. State ex rel. Seattle Electric Co. v. Superior CourtWashington Supreme Court · 1902
  5. State ex rel. Smith v. Board of Dental ExaminersWashington Supreme Court · 1903

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3Cited by18 opinions

  1. American Indemnity Co. v. City of AustinTexas Supreme Court · 1922
  2. Monacelli v. GrimesSupreme Court of Delaware · 1953
  3. State v. WaggonerWashington Supreme Court · 1971
  4. Nigro v. FlinnSuperior Court of Delaware · 1937
  5. Whittlesey v. City of SeattleWashington Supreme Court · 1917

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