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eBook details

• Title: Johnson v. Marshall
• Author : Supreme Court Of Iowa.
• Release Date : January 16, 1942
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

[1] Only one issue is raised in this appeal from the action of the lower court in dismissing appellants petition for a writ of habeas corpus. William Ross Mahar, an inmate of the Iowa State Penitentiary at Fort Madison, Lee County, Iowa, complained that his conviction and sentence by the District Court of Des Moines County, Iowa, was null and void for the reason that the statute, section 708.7, Code of Iowa, 1950, under which he was charged, was unconstitutional. He contended below, as here, that the failure of the legislature to define "burglars tools" in the statute creating a public offense, or specifically naming such prohibited tools or implements, violates the due process provisions of the State Constitution, Article I, section 9, and the Fourteenth Amendment of the Federal Constitution. The lower court properly declined to entertain the question as to whether or not the tools found in appellants possession were burglars tools, holding such questions were not proper in this action but should have been raised upon an appeal of the conviction. It further held that on the face of the petition appellant failed to show he was entitled to relief and denied the writ. We must agree.

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