In re Cerfoglio for a Writ of Habeas Corpus
Nevada Supreme Court
Original proceeding in habeas corpus by A. Cerfoglio. The prohibition act is unconstitutional in this: That the title is not broad enough to cover the provisions of section 7, under which petitioner has been prosecuted, and is therefore violative of the provision that “each law enacted by the legislature shall embrace but one subject and matter properly connected therewith, which subject shall be briefly expressed in the title.” Const.
Read the full summary
Original proceeding in habeas corpus by A. Cerfoglio. The prohibition act is unconstitutional in this: That the title is not broad enough to cover the provisions of section 7, under which petitioner has been prosecuted, and is therefore violative of the provision that “each law enacted by the legislature shall embrace but one subject and matter properly connected therewith, which subject shall be briefly expressed in the title.” Const. Nev., art. 4, sec. 17. The title of the prohibition act refers to “the manufacture, sale, keeping for sale, and gift,” while the section in controversy makes…
1Opinion of the Court
By the Court,
Ducker, J.:
This is an original proceeding in habeas corpus.
Petitioner was convicted in the Second judicial district court in and for the county of Washoe, State of Nevada, of violating the prohibition law of this state. He was thereafter sentenced to serve a term of two months in the county jail of said county and remanded into the custody of the sheriff of the county for the serving of sentence. He alleges that he is unlawfully imprisoned and restrained of his liberty, and seeks to be discharged upon this writ.
The charging part of the information upon which petitioner was tried…
2Cases cited4 opinions
- Schmitt v. F. W. Cook Brewing Co.Indiana Supreme Court · 1918
- State v. Ah SamNevada Supreme Court · 1880
- State ex rel. Sparks v. State Bank & Trust Co.Nevada Supreme Court · 1909
- In re Zwissig for a Writ of Habeas CorpusNevada Supreme Court · 1919
3Cited by7 opinions
- Tonopah & Goldfield Railroad v. Nevada-California Transportation Co.Nevada Supreme Court · 1938
- Ex parte MantellNevada Supreme Court · 1923
- In re RankinNevada Supreme Court · 1921
- Ex Parte MedeirosNevada Supreme Court · 1937
- Candelaria v. RogerNevada Supreme Court · 2010
2 more not listed; retrieve them via the Exa API.