Hogan v. Atkins

Almand, Presiding Justice.

The main question presented in this habeas corpus case is whether Code § 26-2701, under which the appellant was convicted, is unconstitutional for vagueness as violative of the due process of law clause of the Fourteenth Amendment to the United States Constitution.

Code § 26-2701 provides: “It shall be unlawful for any person to make or mend, or cause to be made or mended, or to have in his possession in the day or nighttime, any engine, machine, jimmy, tool, false key, pick-lock, bit, nippers, nitroglycerin, dynamite cap, dynamite, or other explosive, fuse, steel…