In re McGee for a Writ of Habeas Corpus
Nevada Supreme Court
Original proceeding. In the matter of the application of Ida May McGee for a writ of habeas corpus. From an adverse judgment and order, petitioner appeals. The district court of Lander County has no jurisdiction to proceed with the trial of defendant, for the reason that the offense charged, if it be an offense, is but a misdemeanor, the district court having no jurisdiction in misdemeanor cases.
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Original proceeding. In the matter of the application of Ida May McGee for a writ of habeas corpus. From an adverse judgment and order, petitioner appeals. The district court of Lander County has no jurisdiction to proceed with the trial of defendant, for the reason that the offense charged, if it be an offense, is but a misdemeanor, the district court having no jurisdiction in misdemeanor cases. Moore v. Orr, 30 Nev. 458; Ex Parte Zwissig, 42 Nev. 360; Ex Parte Ming,'42 Nev. 472. There can be no concurrent jurisdiction in criminal cases between the district court and the justice court. A…
1Opinion of the Court
By the Court,
Coleman, C. J.:
This is a proceeding in habeas corpus.
A complaint was filed in the justice court at Battle Mountain, charging petitioner with having in her possession intoxicating liquor, in violation of our prohibition statute (Stats. 1919, p. 1). Pursuant to the provision of the statute, the district attorney elected to have the justice of the peace hold a preliminary examination, to determine if there was such probable cause as would justify the certifying of the case to the district court for trial. The matter was, upon stipulation, set for hearing before the justice on June…
2Cases cited6 opinions
- People v. BorenCalifornia Supreme Court · 1903
- People v. Van HornCalifornia Supreme Court · 1897
- State v. FosterNorth Dakota Supreme Court · 1905
- Moore v. OrrNevada Supreme Court · 1908
- Russell v. Esmeralda CountyNevada Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Allen v. StateNevada Supreme Court · 1984
- State v. MainIdaho Supreme Court · 1923
- In re Arascada for a Writ of Habeas CorpusNevada Supreme Court · 1920
- Daloia v. RhayCourt of Appeals for the Ninth Circuit · 1958
- In re Moriarity for a Writ of Habeas CorpusNevada Supreme Court · 1920
5 more not listed; retrieve them via the Exa API.