In re Booth for a Writ of Habeas Corpus
Nevada Supreme Court
Original application by W. W. Booth for a writ of habeas corpus. The district court and the judge thereof had no jurisdiction to pronounce any sentence upon the verdict of the jury.
Read the full summary
Original application by W. W. Booth for a writ of habeas corpus. The district court and the judge thereof had no jurisdiction to pronounce any sentence upon the verdict of the jury. Petitioner was put upon trial for an alleged violation of section 6428, Revised Laws, defining libel as a separate and distinct offense, and providing a punishment therefor; but the verdict of the jury found the petitioner guilty of a gross misdemeanor, which was not in response to the issues joined by the information and petitioner’s plea, but was a verdict of guilty upon an entirely separate and distinct…
1Opinion of the Court
By the Court,
Norcross, C. J.:
This is an original proceeding in habeas corpus presenting but one question, to wit, the jurisdiction of the court below to render the particular judgment upon which petitioner was sentenced to be confined in the county jail of Nye County.
Petitioner was proceeded against for the crime of libel under the provisions of section 163 of the crimes and punishments act (Rev. Laws, 6428), as amended by Stats. 1915, p. 423. So much of the section as involves the question presented in this proceeding reads:
"A libel is a malicious defamation. * * * Every person, * * *…
2Cases cited39 opinions
- People v. HolmesCalifornia Supreme Court · 1897
- State v. DeWittSupreme Court of Missouri · 1905
- People v. TilleyCalifornia Supreme Court · 1901
- People v. LeeIllinois Supreme Court · 1908
- Wood v. Milly McGuire's ChildrenSupreme Court of Georgia · 1855
34 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. BroadnaxSupreme Court of Louisiana · 1950
- State Ex Rel. Fogliani v. CarterNevada Supreme Court · 1963
- State ex rel. Elms v. BrownSupreme Court of Minnesota · 1921
- State v. BurnettWashington Supreme Court · 1927
- State v. BroadnaxSupreme Court of Louisiana · 1950