State Ex Rel. Roberts v. Swope
New Mexico Supreme Court
1Opinion of the Court
HUDSPETH, Justice.
Robert E. Roberts, in the custody of E. B. Swope, superintendent of the New Mexico Penitentiary, under restraint order of the Commander of the New Mexico National Guard in McKinley county, in which the late Governor Seligman had declared a state of insurrection to exist and proclaimed martial law, seeks discharge under a writ of habeas corpus issued by this court. The return to the writ of habeas corpus, to which is attached the proclamation of the Governor by which he declared the county of McKinley to be in a state of insurrection, declared martial law, and ordered…
2Cases cited22 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Myers v. United StatesSupreme Court of the United States · 1926
- Ex Parte MilliganSupreme Court of the United States · 1867
- Luther v. BordenSupreme Court of the United States · 1849
- Sterling v. ConstantinSupreme Court of the United States · 1932
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3Cited by4 opinions
- Juan Isidro Valdez v. Joe BlackCourt of Appeals for the Tenth Circuit · 1971
- State Ex Rel. Charlton v. FrenchNew Mexico Supreme Court · 1940
- Trujillo v. CoxNew Mexico Supreme Court · 1965
- Trujillo v. CoxNew Mexico Supreme Court · 1965