Legal Opinion

Ex parte Riggins

U.S. Circuit Court for the District of Northern Alabama

Decided October 24, 1904PublishedCited by 14 opinions

Habeas Corpus. The petitioner applies for discharge on habeas corpus, on the ground that the indictment under which he is held does not charge any offense against the laws of the United States. He is indicted, with others, for conspiracy, and acts done in furtherance • of it, under sections 5508 and 5509 of the Revised Statutes [U. S. Comp. St. 1901, p. 3712], The indictment contains six counts.

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Habeas Corpus. The petitioner applies for discharge on habeas corpus, on the ground that the indictment under which he is held does not charge any offense against the laws of the United States. He is indicted, with others, for conspiracy, and acts done in furtherance • of it, under sections 5508 and 5509 of the Revised Statutes [U. S. Comp. St. 1901, p. 3712], The indictment contains six counts. Each of the counts alleges, in substance, that Maples, a citizen of the United States, was, at the time of his murder, lawfully confined by the sheriff of Madison county, state of Alabama, in the jail…

1Opinion of the CourtJones, District Judge

(after stating the facts). Whether or not-Maples, a negro citizen, had the right, privilege, or immunity, under the Constitution and laws of the United States, to be free from lawless violence at the hands of white men, intended, on account of his race, to prevent his enjoyment of civil equality before the law, “as is enjoyed by white citizens,” depends upon the proper construction of the thirteenth amendment and valid legislation under it.

In the Civil Rights Cases, 109 U. S. 20, 3 Sup. Ct. 28, 27 L. Ed. 835, the Supreme Court said that the thirteenth amendment “is undoubtedly self-executing,…

2Cases cited27 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Cohens v. VirginiaSupreme Court of the United States · 1821
  3. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  4. Strauder v. West VirginiaSupreme Court of the United States · 1880
  5. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873

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3Cited by14 opinions

  1. Powell v. AlabamaSupreme Court of the United States · 1932
  2. United States v. WilliamsSupreme Court of the United States · 1951
  3. Wood v. United StatesCourt of Appeals for the D.C. Circuit · 1942
  4. People v. MaxSupreme Court of Colorado · 1921
  5. Brewer v. Hoxie School District No. 46Court of Appeals for the Eighth Circuit · 1956

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