COLLINS
v.
SMITH, WARDEN OF CALIFORNIA STATE PRISON AT REPRESS
COLLINS
SMITH, WARDEN OF CALIFORNIA STATE PRISON AT REPRESS
17 F.2d 988
United States Court of Appeals for the Ninth Circuit (1927)
Positive Treatment
Cited by 4 cases
Opinion of the Court
The appellant applied to the court below for a writ of habeas corpus to obtain his discharge from imprisonment under a judgment of one of the courts of the state of California, on the ground that the statute under which the sentence was imposed is unconstitutional and void. The rule is so well settled that the validity of a state statute cannot be challenged in this way that the question is no longer an open one. Urguhart v. Brown, 205 U. S. 179, 27 S. Ct. 459, 51 L. Ed. 760; In re Whitacre (C. C. A.) 17 F.(2d) 767, decided February 21, 1927.
The order is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Benton v. United States, 70 F.2d 24 (4th Cir. 1934)
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In re NO. 32 E. Sixty-Seventh St., 96 F.2d 153 (2d Cir. 1938)
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United States v. 394 Cases OF Lawson Scotch Whisky (D. Mass. 1927)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Urquhart v. Brown, 205 U.S. 179 (U.S. 1907)
- Ex parte Whitacre. Whitacre v. Traeger, 17 F.2d 767 (9th Cir. 1927)