People ex rel. Attorney General v. District Court
Supreme Court of Colorado
Original Proceeding. This is an original application to this court for a writ of prohibition to restrain the district court of Arapahoe county and the Hon. George W. Allen, one of the judges of said court, from hearing and determining the applications of Charles N. Hanford and Henry Ernest for writs of habeas corpus.
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Original Proceeding. This is an original application to this court for a writ of prohibition to restrain the district court of Arapahoe county and the Hon. George W. Allen, one of the judges of said court, from hearing and determining the applications of Charles N. Hanford and Henry Ernest for writs of habeas corpus. The facts upon which the right to this writ is predicated, as set out in the petition, are in brief as follows: Hanford was, in November, 1898, convicted in the county court upon the charge of violating the Sunday closing act, and sentenced to pay a fine and costs. Upon being…
1Per curiam
The question here presented is, whether the district court, under our habeas corpus act, can discharge a person who is held in custody by virtue of a commitment issued in pursuance of a judgment and sentence of the county court upon a conviction for a misdemeanor, on the ground that the act conferring jurisdiction upon county courts in misdemeanor cases, or the act providing for their prosecution, is unconstitutional. In other words, whether the district court can, in this collateral proceeding, go back of the commitment and judgment, and review the decision of the county court upon either of…
2Cases cited16 opinions
- Ex Parte SieboldSupreme Court of the United States · 1880
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- MedleySupreme Court of the United States · 1890
- In Re FrederichSupreme Court of the United States · 1893
- Sennott's CaseMassachusetts Supreme Judicial Court · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In re NewcombWashington Supreme Court · 1909
- Hart v. BestSupreme Court of Colorado · 1949
- Martin v. District CourtSupreme Court of Colorado · 1906
- Millikin v. Jeffrey, District JudgeTexas Supreme Court · 1927
- McMahon v. MeadSouth Dakota Supreme Court · 1912
7 more not listed; retrieve them via the Exa API.