In re Petty
Supreme Court of Kansas
Original Proceedings in Habeas Corpus. On the 13th day of May, 1870, a true bill of indictment was returned into the district court of Greenwood county by the grand jurors thereof, against Geo. W. Petty, for the willful, deliberate and premeditated killing of one Eobert Clark, on the 27th day of May, .1866. Petty was arrested in 1878, and first tried upon the indictment at the May Term, 1878, of said district court.
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Original Proceedings in Habeas Corpus. On the 13th day of May, 1870, a true bill of indictment was returned into the district court of Greenwood county by the grand jurors thereof, against Geo. W. Petty, for the willful, deliberate and premeditated killing of one Eobert Clark, on the 27th day of May, .1866. Petty was arrested in 1878, and first tried upon the indictment at the May Term, 1878, of said district court. At such' term he was convicted of murder in the first degree. On appeal, the judgment was reversed for errors occurring on the trial. (State v. Petty, 21 Kas. 54.) He was again…
1Opinion of the Court
*482The opinion of the court was delivered by
Horton, C. J.:
The questions presented to this court for decision are—
First, Whether the punishment under ch. 166, Laws 1872,. applies to offenses committed prior to that act?
Second, If the provisions of ch. 166, Laws 1872, are not applicable in this case, whether the prisoner can be relieved, under a petition for a writ of habeas corpus ?
*483ch. 166, Laws Of 1872,if - ' Sevo?d?tive’ *482If the act of 1872 is an ex post facto law, it is unconstitutional, and void, as the legislature cannot pass such a law. The supreme court of the United States has defined an…
Also in this document: Concurrence.
2Cases cited4 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Hartung v. . the PeopleNew York Court of Appeals · 1860
- State v. CrawfordSupreme Court of Kansas · 1873
- Hartung v. . the PeopleNew York Court of Appeals · 1863
3Cited by28 opinions
- In Re EstradaCalifornia Supreme Court · 1965
- Kring v. MissouriSupreme Court of the United States · 1883
- Landreth v. GladdenOregon Supreme Court · 1958
- State v. McBrideNebraska Supreme Court · 1997
- Ex Parte JustusCourt of Criminal Appeals of Oklahoma · 1909
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