Dowdell
Massachusetts Supreme Judicial Court
Petition, filed August 6,1897, for a writ of habeas corpus. Hearing before Lathrop, J., who ordered the petition to be dismissed, and, at the petitioner’s request, reported the case for the determination of the full court. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
The only ground for the petitioner’s discharge which is set forth in the petition, or relied on in argument, is that the provisions of statute under which he was committed are unconstitutional, as being in violation of Article 12 of the Declaration of Rights, and of the Fourteenth Amendment to the Constitution of the United States. The former provides that no subject shall be deprived of his liberty but by the judgment of his peers, or the law of the land. The latter, that no State shall deprive any person of liberty without due process of law.
So far as the Declaration of Rights is concerned,…
2Cases cited14 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Dent v. West VirginiaSupreme Court of the United States · 1889
- Missouri v. LewisSupreme Court of the United States · 1880
- Walker v. SauvinetSupreme Court of the United States · 1876
- Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
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3Cited by50 opinions
- White v. WhiteTexas Supreme Court · 1917
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- Finch v. GoldsteinNew York Court of Appeals · 1927
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