In re Manning

The opinion of the court was delivered by

Mason, J.:

By a writ of habeas corpus Floyd Manning seeks his discharge from custody upon the ground that it is based upon a statute which is no longer in force. He was convicted under what is known as the “club-room section” of the original prohibitory law *69(Laws 1881, ch. 128, § 16), which has never been expressly amended or repealed, and which reads as follows :

“Every person who shall, directly or indirectly, keep or maintain, by himself or by associating or combining-with others, or who shall in any manner aid, assist or abet in keeping or…