Ex Parte Hollman
Supreme Court of South Carolina
Petition in this Court in its orginal jurisdiction by Jack Hollman for writ of habeas corpus. The cause was first argued at the April term, 1907, but during the November term, 1907, was ordered reargued before Court en banc January 16, 1908. Oral argument.
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Petition in this Court in its orginal jurisdiction by Jack Hollman for writ of habeas corpus. The cause was first argued at the April term, 1907, but during the November term, 1907, was ordered reargued before Court en banc January 16, 1908. Oral argument. Mr. Parker cites: As to jurisdiction: 9 S. C., 80; 15 Ency., 204, 205; 32 S. C., 583, 123; 5 S. C., 71; 3 Pet, 206; 1 Pet., 340. As to the constitutionality of the Act: 32 S. C., 123; 56 S. C., 420 ; 61 S. C., 71; Con., art. I, sec. 24; 16 Ency., 22-25; 45 Am. Dec., 396; 77 N. C., 329; 37 Am, St. R., 738; 3 T. R., 98; Tied. Dim. Police…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
1 Under habeas corpus proceedings, Jack'Hollinan has applied to this Court for release from imprisonment, alleging the statute under which he was convicted and sentenced to be unconstitutional. The position that the unconstitutionality of a statute cannot be tested under a writ of habeas corpus is maintained by some courts of high authority, but is opposed to the weight of reason and precedent. There is no difference of opinion that a writ of error or the statutory-appeal cannot be supplanted in criminal procedure by resort to the…
2Cases cited16 opinions
- Ex Parte SieboldSupreme Court of the United States · 1880
- Barbier v. ConnollySupreme Court of the United States · 1884
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Robertson v. BaldwinSupreme Court of the United States · 1897
- Clyatt v. United StatesSupreme Court of the United States · 1905
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3Cited by32 opinions
- In Re the Treatment & Care of LuckabaughSupreme Court of South Carolina · 2002
- United States v. ReynoldsSupreme Court of the United States · 1914
- Taylor v. GeorgiaSupreme Court of the United States · 1942
- Gomillion v. FORSYTHESupreme Court of South Carolina · 1950
- Gary Concrete Products, Inc. v. RileySupreme Court of South Carolina · 1985
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