Legal Opinion

Ex Parte Lothrop

Supreme Court of the United States

Decided April 26, 1886No. 6PublishedCited by 12 opinions

ORIGINAL. This was a petition to this court for a writ of habeas corpus. The case is stated in the opinion of the court.

1Opinion of the CourtChief Justice Waite

The petitioner is detained in the territorial prison of Arizona upon a warrant of commitment issued by the County Court of Cochise County, under a sentence of imprisonment on a conviction of the crime of grand larceny, and the only question presented by his petition is whether the territorial legislature of Arizona had authority to create and establish that court. There is no question of the jurisdiction of the court to try the petitioner for the offence of which he was convicted if the court itself was rightfully created.

The provisions of the Revised Statutes on which the question depends…

2Cases cited2 opinions

  1. American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
  2. Perris v. HigleySupreme Court of the United States · 1874

3Cited by12 opinions

  1. Ex Parte WilbargerCourt of Criminal Appeals of Texas · 1900
  2. Gallagher v. United StatesCourt of Customs and Patent Appeals · 1926
  3. Higgins v. Tax Assessors of PawtucketSupreme Court of Rhode Island · 1905
  4. Shell v. StateAlabama Court of Appeals · 1911
  5. In Re McMillan's EstateNew Mexico Supreme Court · 1934

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