Legal Opinion

Ex Parte King

California Supreme Court

Decided January 3, 1910No. Crim. No. 1558PublishedCited by 20 opinions

APPLICATION for a Writ of Habeas Corpus directed to-J. W. Kelly, Sheriff of Kern County. The facts are stated in the opinion of the court.

1Opinion of the CourtAngellotti, J.

The petitioner seeks his discharge from the custody of the sheriff of Kern County on the sole ground that the act of the legislature of the state under which he is held is unconstitutional and void.

The act in question is one entitled “An act to prohibit the sale of intoxicating liquors within a certain distance of any camp or assembly of men, numbering twenty-five or more, engaged upon the construction, repair or operation of any public work, improvement or utility,” approved March 25, 1909 (Stats. 1909, p. 722).

By section 1 of this act it is made unlawful “for any person to sell, keep for…

2Cases cited5 opinions

  1. City of Pasadena v. StimsonCalifornia Supreme Court · 1891
  2. Deyoe v. Superior CourtCalifornia Supreme Court · 1903
  3. Grumbach v. LelandeCalifornia Supreme Court · 1908
  4. Ex parte BohenCalifornia Supreme Court · 1896
  5. Van Harlingen v. DoyleCalifornia Supreme Court · 1901

3Cited by20 opinions

  1. Matter of Application of MillerCalifornia Supreme Court · 1912
  2. Natural Milk Producers Ass'n v. City & County of San FranciscoCalifornia Supreme Court · 1942
  3. Martin v. Superior CourtCalifornia Supreme Court · 1924
  4. People v. JordanCalifornia Supreme Court · 1916
  5. Western Union Telegraph Co. v. HopkinsCalifornia Supreme Court · 1911

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