Washington Reports Volume 56

Washington Reports Volume 56

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ... these cases, or a further attempt on our part to reconcile them, would serve no useful purpose. Many courts hold that habeas corpus will lie for the discharge of one held under an unconstitutional statute, or a statute that has been repealed. We think, indeed, a majority of the more recent cases so hold. Nevertheless, there are many well-considered cases holding the contrary, for reasons which to our minds are unanswerable. Thus in In re Callicot, 8 Blatch. (U. S.) 89, it was contended that the statute under which the petitioner was held had been repealed before sentence was pronounced, and that the petitioner was illegally deprived of his liberty, but the court said: "I have no jurisdiction to review the judgment of the circuit court of the United States for the eastern district of New York. That court had jurisdiction of the matters charged in the indictment, and to determine whether the acts there alleged constituted an offense against the laws of the United States, and, by the aid of a jury, to try and determine whether 26-56 Wasn. Opinion Per Runxm, C. J. 56 Wash. the petitioner was guilty of those acts. From the judgment of that tribunal, no appeal lies to me as judge. No writ of error lies to me; and, if my opinion was, that the learned judges by whom the court was held when the judgment was pronounced committed an error, I have no power to revise or reverse the judgment." In Plait '0. Harrison, 6 Iowa 79, 71 Am. Dec. 389, the court said: "The argument is, that the ordinance was passed without authority of law, and was null and void. Whether it was or not, was a legitimate subject of inquiry by the magistrate, in the same manner as any other question which might be pre sented for his adjudication. And being...
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Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236828054
  • 9781236828057