Ex parte Jerman
Oregon Supreme Court
Statement by Mr. Justice McBride. This is a petition for a writ of habeas corpus. The petition was made at the instance of Archie M. Jerman, whose connection or relationship to the prisoners and the subject-matter does not appear.
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Statement by Mr. Justice McBride. This is a petition for a writ of habeas corpus. The petition was made at the instance of Archie M. Jerman, whose connection or relationship to the prisoners and the subject-matter does not appear. After the usual formal allegations, it is alleged that the pretended cause of imprisonment is under color of a void judgment of the circuit court of which the following is a copy, omitting the formal portions of the document: “State of Oregon v. Francesco Roberto and Lorus Martinez. On this day the State of Oregon appearing by W. C. Winslow, deputy district…
1DissentJustice King
delivered the following dissenting opinion.
3. As to whether under our Constitution a habeas corpus proceeding is appellate in its nature, entitling petitioner to a writ, regardless of the amendment under consideration, and as to the effect of the judicial amendment upon other courts of the state, I express no opinion. But I must dissent from the conclusion announced by my associates concerning our duty, under the amendment, to take jurisdiction of the case before us. It is rarely, if at all, that an argument is heard before issuing the writ, and, as I understand it, because of the…
2Cases cited16 opinions
- Crain v. United StatesSupreme Court of the United States · 1896
- Simmons v. Georgia Iron & Coal Co.Supreme Court of Georgia · 1903
- State v. SmithOregon Supreme Court · 1910
- State v. WaltonOregon Supreme Court · 1907
- Schirmer v. PeopleIllinois Supreme Court · 1864
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