In re Arascada for a Writ of Habeas Corpus
Nevada Supreme Court
Original proceeding. In the matter of the application of Y. Arascada for writ of habeas corpus. The district court had no jurisdiction under the prohibition act to try petitioner for the offense charged, and therefore its judgment is void. Under the constitution, the legislature had no power to place concurrent jurisdiction in the justice court and the district court over an offense arising under the act.
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Original proceeding. In the matter of the application of Y. Arascada for writ of habeas corpus. The district court had no jurisdiction under the prohibition act to try petitioner for the offense charged, and therefore its judgment is void. Under the constitution, the legislature had no power to place concurrent jurisdiction in the justice court and the district court over an offense arising under the act. The act places jurisdiction over first offenses in the justice court; hence the power of the' legislature to limit or qualify that jurisdiction in the same act is exhausted, as the…
1Opinion of the Court
By the Court,
Coleman, C. J.:
Petitioner has applied for á writ of habeas corpus, to be discharged from the custody of the sheriff of Humboldt County under a commitment issued out of the district court upon a conviction and sentence to the county jail for violating the prohibition statute (Stats. 1919, p. 1).
By the act in question it is provided that a person shall be deemed guilty of a misdemeanor for a first offense. It is conceded by the state that the offense charged against the petitioner, and under which he was convicted, is his first offense.
Three grounds are urged as reasons for…
2Cases cited7 opinions
- Lake v. LakeNevada Supreme Court · 1882
- State ex rel. Perry v. ArringtonNevada Supreme Court · 1884
- Brundage v. BrundageNew York Court of Appeals · 1875
- State ex rel. Keyser & Elrod v. HallockNevada Supreme Court · 1879
- San Pedro, Los Angeles & Salt Lake Railroad v. BaileyNevada Supreme Court · 1909
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3Cited by17 opinions
- Galloway v. TruesdellNevada Supreme Court · 1967
- West Indies v. First Nat. Bank of NevadaNevada Supreme Court · 1950
- Christensen v. PackNevada Supreme Court · 2006
- In Re NorrisUnited States Bankruptcy Court, D. Nevada · 1996
- In re Goddard for a Writ of Habeas CorpusNevada Supreme Court · 1920
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