Legal Opinion

Ex parte Jackson

Supreme Court of Arkansas

Decided May 15, 1885PublishedCited by 59 opinions

CERTIORARI to Pulaski Chancery Court. Hon. D. W. Carroll, Chancellor. Sec. 1637, Gantts Digest, is a dead letter, as it is not in the power of the legislature to declare in a few generalities what shall be a crime.

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CERTIORARI to Pulaski Chancery Court. Hon. D. W. Carroll, Chancellor. Sec. 1637, Gantts Digest, is a dead letter, as it is not in the power of the legislature to declare in a few generalities what shall be a crime. The affidavit charges no offense known to the law. 1 Ark., 178,179; 33 Id., 361; Gantts Dig., Sec. 1796, stib. 2. It is not sufficient to charge petitioner with willfully failing to provide for his helpless child, or as a husband, failing to provide for a helpless wife. 2 Whart. Cr. La w, Secs. 2308-9-10-11—12. Nor illeghl cohabitation with Dolly Hare. 36 Ark., 39; lb., 84. . First…

1Opinion of the Court

Eakin,' J.

On the 19th of June, 1885, Andrew Jackson presented to this court a petition, stating: That he was illegally restrained of his liberty by the sheriff of Pulaski county, and incarcerated in the jail; and that he would be confined upon a farm of said sheriff, used for working prisoners convicted of misdemeanors.

He shows that in March last, he was taken to jail under a commitment from A. Walrath, Esq., a justice of the peace., which described his offense as one “against public morals.” From this imprisonment he was discharged by the Honorable Chancellor of the Pulaski chancery court.

On…

2Cited by59 opinions

  1. Sessions v. DimayaSupreme Court of the United States · 2018
  2. Morrison v. State Board of EducationCalifornia Supreme Court · 1969
  3. State v. SchriverSupreme Court of Connecticut · 1988
  4. Hayes v. StateCourt of Appeals of Georgia · 1912
  5. Chicago & N. W. Ry. Co. v. DeyU.S. Circuit Court for the Southern District of Iowa · 1888

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