State ex rel. Larabee v. Barnes
North Dakota Supreme Court
Original application in the name of the state at the relation of Wm. Larabee against Oscar G. Barnes, Sheriff of Cass County, for the release of relator on habeas corpus. Writ granted, and case heard upon objection to the sufficiency of the petition. Article 20 of the constitution is void because it was never approved by the qualified voters of the state as required by § 8, of the enabling act.
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Original application in the name of the state at the relation of Wm. Larabee against Oscar G. Barnes, Sheriff of Cass County, for the release of relator on habeas corpus. Writ granted, and case heard upon objection to the sufficiency of the petition. Article 20 of the constitution is void because it was never approved by the qualified voters of the state as required by § 8, of the enabling act. The vote as canvassed and certified was “for prohibition” 18,552, against 17,393. The total vote cast for governor was 38,098 showing at least that number of qualified voters present and voting, and…
1Opinion of the CourtBartholomew, C. J.
The relator was informed against in the Cass County District Court for violation of the provisions of the constitution and statutes of the state prohibiting the sale of intoxicating liquors. He pleaded guilty, and was sentenced to the county jail of Cass County for the term of 90 days, and to pay a fine .of $300. To relieve himself from confinement under this sentence he procured a writ of habeas corpus from this court. The petition for the writ, with the exhibits attached, alleges, in substance, that such imprisonment is illegal, because the charge against relator does not state facts…
2Cases cited5 opinions
- Morford v. UngerSupreme Court of Iowa · 1859
- Vermont Loan & Trust Co. v. WhithedNorth Dakota Supreme Court · 1891
- State ex rel. Ohlquist v. SwanNorth Dakota Supreme Court · 1890
- State v. HaasNorth Dakota Supreme Court · 1891
- State ex rel. Bartlett v. FraserNorth Dakota Supreme Court · 1891
3Cited by20 opinions
- People v. ElliottIllinois Supreme Court · 1916
- Montgomery County Fiscal Court v. TrimbleCourt of Appeals of Kentucky · 1898
- In re DennyIndiana Supreme Court · 1901
- Munce v. O'HaraSupreme Court of Pennsylvania · 1940
- State v. VogelNorth Dakota Supreme Court · 1991
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