Ex parte Newman
California Supreme Court
Habeas Corpus. Mewman, the petitioner, was tried, and convicted before a justice of the peace of the city of Sacramento, for a violation of the act of April 10th, 1858, entitled “An Act to provide for the better observance of the Sabbath,” and was sentenced to pay a fine of fifty dollars, and the costs of the prosecution—twenty dollars—or, in default of the payment of such fine and costs, to be imprisoned thirty-five days.
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Habeas Corpus. Mewman, the petitioner, was tried, and convicted before a justice of the peace of the city of Sacramento, for a violation of the act of April 10th, 1858, entitled “An Act to provide for the better observance of the Sabbath,” and was sentenced to pay a fine of fifty dollars, and the costs of the prosecution—twenty dollars—or, in default of the payment of such fine and costs, to be imprisoned thirty-five days. Failing to pay the fine and costs imposed, he was imprisoned. The petitioner is an Israelite, engaged in the business of selling clothing, at Sacramento. The offence of…
1Opinion of the CourtTerry, C. J.
The petitioner was tried and convicted before a justice of the peace for a violation of the act of April, 1858, entitled “ An Act for the better observance of the Sabbath,” and, upon his failure to pay the fine imposed, was imprisoned.
The counsel for petitioner moves his discharge, on the ground that the act under which these proceedings were had is in conflict with the first and fourth sections of the first article of the State Constitution, and therefore void.
The first section declares “ all men are by nature free and independent, and have certain inalienable rights, among which are those…
2Cases cited6 opinions
- Jackson v. LamphireSupreme Court of the United States · 1830
- Billings v. HallCalifornia Supreme Court · 1857
- Varick v. BriggsNew York Court of Chancery · 1837
- Price v. WhitmanCalifornia Supreme Court · 1857
- Washington v. PageCalifornia Supreme Court · 1854
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3Cited by71 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- People v. . HavnorNew York Court of Appeals · 1896
- Suarez v. State of FloridaSupreme Court of Florida · 1928
- Petit v. MinnesotaSupreme Court of the United States · 1900
- Ex parte JentzschCalifornia Supreme Court · 1896
66 more not listed; retrieve them via the Exa API.