Hurston v. Linville

The opinion of the court was delivered by

Mason, J.:

Mamie Hurston was convicted in the police court of Atchison, a city of the first class, of violating an ordinance by having intoxicating liquor in her possession. She appealed to the district court where she was again convicted. She was fined $200 and sentenced to the city jail for sixty days. She then applied to the district court for a discharge upon habeas corpus on the ground that the sentence, although in accordance with the terms of the ordinance, was void because in conflict with the statute. She appeals to this court from the refusal…