In re Mallon
Idaho Supreme Court
Original application in this court for writ of habeas corpus. Demurrer to the petition. With reference to the punishment prescribed for the offense defined by the statute it is at once apparent that it is neither equal nor uniform, nor is it based upon the character or circumstances of the act sought to be characterized as a public offense. {Ex parte Irwin, 88 Cal. 169, 25 Pae. 1118; State v. Lewin, 53 Kan. 679, 37 Pac. 168.) In this connection we call attention to sec. 13,…
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Original application in this court for writ of habeas corpus. Demurrer to the petition. With reference to the punishment prescribed for the offense defined by the statute it is at once apparent that it is neither equal nor uniform, nor is it based upon the character or circumstances of the act sought to be characterized as a public offense. {Ex parte Irwin, 88 Cal. 169, 25 Pae. 1118; State v. Lewin, 53 Kan. 679, 37 Pac. 168.) In this connection we call attention to sec. 13, art. 1, constitution of Idaho, and we also rely on the psovisions of the fourteenth amendment to the federal…
1Opinion of the CourtStewart, J.
This is an original application for a writ of habeas corpus, and involves the constitutionality of see. 6452, Eev. Codes. This section reads as follows: “Every state prisoner confined in the state prison for a term less than for life, who escapes therefrom, is punishable by imprison*741ment in the state prison for a term equal in length to the term he was serving at the time of such escape; said second term of imprisonment to commence from the time he would otherwise have been discharged from said prison.”
Counsel for petitioner contends, first, “that said section, both in its general operation…
2Cases cited8 opinions
- Barbier v. ConnollySupreme Court of the United States · 1884
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Nichols v. WalterSupreme Court of Minnesota · 1887
- Sutton v. StateTennessee Supreme Court · 1896
- Murray v. Board of County CommissionersSupreme Court of Minnesota · 1900
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3Cited by37 opinions
- Pennsylvania Ex Rel. Sullivan v. AsheSupreme Court of the United States · 1937
- State v. ZornesWashington Supreme Court · 1970
- State of Oregon v. PirkeyOregon Supreme Court · 1955
- State v. EvansIdaho Supreme Court · 1952
- State v. OlsenIdaho Supreme Court · 1982
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