Legal Opinion · Dissent

State ex rel. Mays v. Brown

West Virginia Supreme Court

Decided December 19, 1912Published

Petitions by S. P. Nance el al. for writ of hateas corpus, against M. L. Brown, warden of the West Virginia Penitentiary.

1Dissent

Additional opinion by

Pofeenbaegee, Peesident :

The attempt, in the dissenting opinion prepared since the filing *552■of the Court opinion, to apply to these cases principles deemed clearly inapplicable by all concurring in the decision, renders it proper in our judgment to file an additional opinion, pointing out more specifically the grounds of distinction, and also to direct attention to th'e non-judicial and speculative character of much of the matter quoted in the dissenting opinion.

The Milligan Case, 4 Wall. 1, the opinion in which constitutes the real basis of the elaborate argument against…

2Cases cited2 opinions

  1. Daniel v. SimmsWest Virginia Supreme Court · 1901
  2. Stearns v. The United StatesSupreme Court of the United States · 1867

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