Ex parte Finnegan
Citation | 71 P. 642,27 Nev. 57 |
Decision Date | 02 March 1903 |
Docket Number | 1,633. |
Parties | EX PARTE FINNEGAN. |
Court | Supreme Court of Nevada |
Application for writ of habeas corpus by J. Finnegan. Writ dismissed.
Samuel Platt, for petitioner.
J. G. Sweeney, Atty. Gen., for respondent.
The return to the writ of habeas corpus shows that petitioner was charged with the crime of selling ardent spirits to an Indian, and convicted of an attempt to commit that offense. It is contended that the judgment is void, and the restraint illegal, for the reason that the conviction was of a different offense from that charged. This contention is answered by the provisions of our criminal practice act (section 4377, Cutting's Compilation), as follows: It is said that the above section having been enacted in the year 1861, and long prior to the existence of the statute prohibiting the sale of ardent spirits to Indians, the later statute is not within the operation and effect of the elder one. Section 4377 is part of the criminal practice adopted at the first session of the Legislature as a general rule of practice for the trial of criminal cases, and is applicable to all cases then or thereafter defined by statute.
Let the writ be dismissed, and the petitioner remanded to the custody of the warden of the State Prison.
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Gordon v. Corning
...N. E. 469, 33 L. R. A. 313;State v. Gulley, 41 Or. 318, 70 Pac. 385;Mulligan v. United States, 120 Fed. 98, 56 C. C. A. 50; Ex parte Finnegan, 27 Nev. 57, 71 Pac. 642;People v. Werner, 174 N. Y. 132, 66 N. E. 667;Banks v. State, 136 Ala. 106, 34 South. 350;Hamer v. People, 104 Ill. App. 555......
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Gordon v. Corning
... ... are local or lacking uniformity. They are general, and ... operate alike everywhere in the State. State, ex ... rel., v. Pond, supra; Ex parte ... Swann (1888), 96 Mo. 44, 9 S.W. 10; Gordon v ... State (1889), 46 Ohio St. 607, 23 N.E. 63, 6 L.R.A ... 749; State v. Judge, etc. (1888), 50 ... 469; State v ... Gulley (1902), 41 Ore. 318, 70 P. 385; ... Mulligan v. United States (1903), 120 F ... 98, 56 C. C. A. 50; Ex parte Finnegan (1903), 27 ... Nev. 57, 71 P. 642; People v. Werner ... (1903), 174 N.Y. 132, 66 N.E. 667; Banks v ... State (1903), 136 Ala. 106, 34 So. 350; ... ...