Ex Parte Jung Shing
Oregon Supreme Court
Original proceeding in Supreme Court. Department 2. Statement by Mr. Justice Harris. This is an original proceeding to test the right of the sheriff of Multnomah County to restrain the petitioner of his liberty.
Read the full summary
Original proceeding in Supreme Court. Department 2. Statement by Mr. Justice Harris. This is an original proceeding to test the right of the sheriff of Multnomah County to restrain the petitioner of his liberty. A petition for writ of habeas corpus was filed in this court by Jung Shing on December 5, 1914, and on the same day an order of allowance was made, whereupon the clerk issued the writ which commanded the sheriff of Multnomah County to certify and return the time and cause of imprisonment' or restraint on January 15, 1915. The sheriff filed his return on the day specified in the writ.…
1Opinion of the CourtJustice Harris
The questions presented involve a consideration of the constitutional amendment abolishing the death penalty, and the effect, if any, had by that amendment upon the proceeding already narrated. The phase of the case most discussed, however, is whether the order resubmitting the first indictment and all subsequent proceedings were void.
1. In the petition for the writ it is asserted that the imprisonment of petitioner violates Article I, Section 10, and infringes upon Section I of the Fourteenth Amendment, of the Constitution of the United States. At the argument counsel did not insist upon the…
2Cases cited10 opinions
- State v. ReinhartOregon Supreme Court · 1895
- State v. SteevesOregon Supreme Court · 1896
- Ex parte TiceOregon Supreme Court · 1897
- State v. SmithOregon Supreme Court · 1910
- Iasigi v. Van De CarrSupreme Court of the United States · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Huffman v. AlexanderOregon Supreme Court · 1952
- State v. StoverOregon Supreme Court · 1975
- State v. MitchellCourt of Appeals of Oregon · 1972
- State v. RankinCourt of Appeals of Oregon · 1975
- Huffman v. AlexanderOregon Supreme Court · 1952
3 more not listed; retrieve them via the Exa API.