In re Zwissig for a Writ of Habeas Corpus
Nevada Supreme Court
Application of John Zwissig for a writ of habeas corpus. The main question to be decided is as to the justice court’s jurisdiction. We deny jurisdiction because the charge does not constitute a public offense, and because the maximum penalty exceeds the jurisdiction of the justice court. Hurd, Hab. Corp. (2d Ed.) p. 325; .State ex rel. Morley v. Godfrey, 54 W. Va. 54; Judy v. Lashley, 50 W. Va. 628; Church, Hab.
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Application of John Zwissig for a writ of habeas corpus. The main question to be decided is as to the justice court’s jurisdiction. We deny jurisdiction because the charge does not constitute a public offense, and because the maximum penalty exceeds the jurisdiction of the justice court. Hurd, Hab. Corp. (2d Ed.) p. 325; .State ex rel. Morley v. Godfrey, 54 W. Va. 54; Judy v. Lashley, 50 W. Va. 628; Church, Hab. Corp. sec. 351. Section 7 of the act, copied from the West Virginia statute, has been construed in that state. Emsweller v. Wallace, 88 S. E. 787. Under the well-known rule of…
1Opinion of the Court
By the Court,
Coleman, C. J.:
This is an original proceeding in habeas corpus. A complaint was filed with the justice of the peace of Reno township, charging that the petitioner did “wilfully and *362unlawfully" have in his possession for personal use and otherwise intoxicating liquor, to wit, whisky, on a public street within the city of Reno, county of Washoe, State of Nevada, to wit, Commercial Row.”
The section of the prohibition act under which the prosecution was instituted reads:
“Sec. 7. It shall be unlawful for any person to keep or have for personal use or otherwise, or to use, of permit…
2Cases cited24 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Rast v. Van Deman & Lewis Co.Supreme Court of the United States · 1916
- Purity Extract & Tonic Co. v. LynchSupreme Court of the United States · 1912
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3Cited by12 opinions
- Commonwealth v. StofchekSupreme Court of Pennsylvania · 1936
- Application of FilippiniNevada Supreme Court · 1949
- People v. VelardeCalifornia Court of Appeal · 1920
- Harris v. StateNevada Supreme Court · 1967
- Ex parte SloanNevada Supreme Court · 1923
7 more not listed; retrieve them via the Exa API.