Legal Opinion

Ex parte Branch

Supreme Court of Missouri

Decided May 23, 1911PublishedCited by 9 opinions

Habeas Corpus. (1) That portion of Sec. 2228, R. S. 1899', which provides that “every person who may he found loitering around houses of ill-fame, gambling houses, or places where liquors are sold o.r drunk, without any visible means of support, . . . shall be deemed a vagrant, and upon conviction thereof, shall be punished,” etc., is in conflict with the natural right of personal liberty inherent in the people and contravenes the provisions of section 4 of article- 2, of…

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Habeas Corpus. (1) That portion of Sec. 2228, R. S. 1899', which provides that “every person who may he found loitering around houses of ill-fame, gambling houses, or places where liquors are sold o.r drunk, without any visible means of support, . . . shall be deemed a vagrant, and upon conviction thereof, shall be punished,” etc., is in conflict with the natural right of personal liberty inherent in the people and contravenes the provisions of section 4 of article- 2, of the Constitution of Missouri. St. Louis v. Roche, 128 Mo. 541; Ex parte Smith, 135 Mo. 223; State v. Meyers, 174 Mo. 352;…

1Opinion of the Court

ROY, C.

— -This is an original proceeding by habeas corpus, instituted in this court, to test the constitutionality of .section 4789, Revised Statutes 1909, being section 2228, Revised Statutes 1899, which is as follows :

“Every person who may be found loitering around houses of ill-fame, gambling houses, or places where liquors are sold or drunk, without any visible means of support, or shall attend or operate any gambling device or apparatus, or be engaged in practicing any trick or device to procure money or other thing of value, or shall be engaged in any unlawful calling whatever, and…

2Cases cited3 opinions

  1. State v. CantonSupreme Court of Missouri · 1868
  2. In re ThompsonSupreme Court of Missouri · 1893
  3. St. Louis v. BabcockSupreme Court of Missouri · 1900

3Cited by9 opinions

  1. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  2. Baker v. StateCourt of Criminal Appeals of Texas · 1972
  3. Dominguez v. City and County of DenverSupreme Court of Colorado · 1961
  4. Ex Parte Harvey KarnstromSupreme Court of Missouri · 1923
  5. Morgan v. CommonwealthSupreme Court of Virginia · 1937

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