Ex parte Dusenberry
Supreme Court of Missouri
Habeas Corpus. (1) The statute under which relator is indicted is void, because unconstitutional. Revised Statutes, section 1253, so far as the penalty is concerned, reads: “Shall suffer death or be punished in the penitentiary for a period not'less than five years, in the discretion of the jury.” It will be seen that this section is a new departure. No such provision is found in any act of our legislature. The legislature has denounced no penalty against the crime of rape.
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Habeas Corpus. (1) The statute under which relator is indicted is void, because unconstitutional. Revised Statutes, section 1253, so far as the penalty is concerned, reads: “Shall suffer death or be punished in the penitentiary for a period not'less than five years, in the discretion of the jury.” It will be seen that this section is a new departure. No such provision is found in any act of our legislature. The legislature has denounced no penalty against the crime of rape. Within certain limits the whole matter of punishment has been committed" to the jury. The jury is made a legislative…
1Opinion of the CourtBarclay, J.
The petitioner obtained a writ of habeas corpus from this court with a view to his admission to bail. It appears that he is in custody by virtue of a commitment on a charge of rape.- An indictment for that offense has been duly found against him by the grand jury. The case has not reached its first hearing *507in the circuit court. Having been refused bail by Hon. E. M. Hughes, as trial judge, after a hearing of some evidence on the subject, defendant seeks to give it under this writ.
By the constitution it is provided : “ That all persons shall be bailable by sufficient sureties, except for…
2Cases cited2 opinions
- People v. Tinder & SmithCalifornia Supreme Court · 1862
- Ex parte VaughanSupreme Court of Alabama · 1870
3Cited by25 opinions
- Lee v. StateAlabama Court of Appeals · 1943
- State v. TiedtSupreme Court of Missouri · 1950
- State v. DodsonMissouri Court of Appeals · 1977
- Kerley v. StateCourt of Criminal Appeals of Texas · 1921
- Young v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
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