State Ex Rel. Kavanaugh v. Mitchiner

HIGGINS, Justice.

The relator, who is presently confined in the Louisiana State Penitentiary, applied to the Nineteenth Judicial District Court of the Parish of East Baton Rouge for a writ of habeas corpus directed to the General Manager of the State Penitentiary, alleging that he is illegally and unlawfully incarcerated, because(1) Act 43 of 1912, commonly referred to as the Confidence Game Statute, under which he was convicted and sentenced, is unconstitutional, null and void, as it violates Sections 1 and 2 of Article II and Section 1 of Article III of the Constitution of Louisiana of 1921,…