Legal Opinion

In re Thompson

Supreme Court of Missouri

Decided June 19, 1893PublishedCited by 7 opinions

Habeas Corpus. The petitioner, a negro, charged with being a vagrant, was arrested and brought before J. J. Winscott, a justice of the peace of Salt River township, Audrain county, Missouri. The evidence adduced before the jury summoned for the occasion, supported the charge, and consequently a verdict was returned in accordance with the evidence.

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Habeas Corpus. The petitioner, a negro, charged with being a vagrant, was arrested and brought before J. J. Winscott, a justice of the peace of Salt River township, Audrain county, Missouri. The evidence adduced before the jury summoned for the occasion, supported the charge, and consequently a verdict was returned in accordance with the evidence. Thereupon, the justice, complying with the provisions of section 8849 in relation to vagrants, issued this warrant to J. T. Bunton, constable of that township, commanding him after three days’ public notice to hire out petitioner, at the court house…

1Opinion of the CourtSherwood, J.

— The validity of the warrant of commitment is questioned by petitioner’s counsel on two grounds: First, on the ground that the statutory provisions first above quoted have been repealed by nec*88essary implication resulting from the enactment of section 3841, supra, and second, that if not thus repealed, that they are unconstitutional. Counsel for the state denies that chapter 169 has been repealed in consequence of the enactment of section 3841, and insists that the statutory provisions under which petitioner was found to be a vagrant, are not obnoxious to any constitutional objections.

Where…

2Cases cited2 opinions

  1. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  2. Case of ClarkIndiana Supreme Court · 1821

3Cited by7 opinions

  1. Ex parte SmithSupreme Court of Missouri · 1896
  2. People v. MunozNew York Court of Appeals · 1961
  3. Ex parte BranchSupreme Court of Missouri · 1911
  4. Gallemore v. GallemoreMissouri Court of Appeals · 1905
  5. Schreckhise v. WisemanSupreme Court of Virginia · 1903

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