Ex Parte Diemer v. Weiss

Action in habeas corpus. Petitioner is deprived of his liberty by the city marshal of Kirkwood, who has custody of him under a commitment of the city court of said city. He was convicted in said court under Sections 490a and 490b of an Ordinance entitled “Offences against public order and peace.”

Petitioner contends that the ordinance is vague, indefinite and uncertain, and for that reason invalid. The rule is stated as follows: “When the language of an act appears on its face to have a meaning, but it is impossible to give it any precise or intelligible application in the circumstances under…