Sheehan's Case
Massachusetts Supreme Judicial Court
Habeas corpus of a person alleged to be unlawfully restrained of his liberty by the keeper of the jail at Salem in the county of Essex.
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Habeas corpus of a person alleged to be unlawfully restrained of his liberty by the keeper of the jail at Salem in the county of Essex. At the hearing, before Colt, J., it appeared that the petitioner was on March 11,1877, convicted, before the Police Court of the city of Lynn, held by Nathan M. Hawkes, a special justice of said court, of the crime of larceny of five hens valued at six dollars, and was committed by said justice to the jail at Salem under a warrant signed by the clerk and under the seal of said court. It also appeared that Mr. Hawkes was duly elected a representative of the…
1Opinion of the CourtGray, C. J.
The petitioner, not denying the jurisdiction of the Police Court of Lynn, rests his claim to be discharged upon the disqualification of Mr. Hawkes, (who, as a special justice of that court, passed the sentence and ordered the commitment,) by reason of the eighth article of amendment of the Constitution, which declares that no judge of any court of this Commonwealth (except the Court of Sessions) shall at the same time have a seat in the Senate or House of Representatives.
But if Mr. Hawkes, upon taking his seat in the House of Representatives, ceased to be a justice de jure, he was, by color…
2Cases cited8 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
- Petersilea v. StoneMassachusetts Supreme Judicial Court · 1876
- Cocke Ex Rel. Commercial Bank of Columbus v. HalseySupreme Court of the United States · 1842
- State v. BloomWisconsin Supreme Court · 1863
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3Cited by54 opinions
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- Murach v. Planning & Zoning CommissionSupreme Court of Connecticut · 1985
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Building & Loan Ass'n v. SohnWest Virginia Supreme Court · 1903
- Ex Parte Henry WardSupreme Court of the United States · 1899
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