Case Summary

On September 9, 1918, John M. Burger made a complaint in the police court of Omaha, which charged Dick Kimball with the unlawful possession of intoxicating liquor. Kimball was charged with a misdemeanor, fined 100 or imprisonment for 30 days. On September 30, Kimball filed for habeas, arguing that such a charge was not a felony, making his punishment improper. The petition was granted October 1, but later dismissed.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Unlawful possession of intoxicating liquor

Sites of significance

• Douglas County Jail (Omaha, Nebraska)

Outcome

Writ dismissed

Fate of bound party

Remained in custody

Case Citation

Douglas County (NE) Criminal Appearance Docket Books, Vol. 20: ca.1917-1919, p. 481; RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Roll 80: Doc. 20-414 to 20-542, Aug. 29, 1918 - Nov. 23, 1918, No. 20-481 (microfilm)

Length of case file

Between 11 and 20 pages

Repository(s)

• History Nebraska (Lincoln, Nebraska)
• Douglas County District Court (Omaha, Nebraska)

State

• Nebraska

Point(s) of law cited

Nebraska State Statutes Page 450 Section 56

People

• Redick, William A. (judge)
• Fitzgerald, James M. (police magistrate)
• Clark, Michael L. (respondent)
• Wakely, Arthur J. (judge)
• Kimball, Dick (bound party)
• Bremers, R. H. (petitioner attorney)

• Additional parties

  Smith, Robert (Clerk)

  Steere Jr., Asel (Deputy)

  Burger, John M. (Complainant)

  Jones, E. G. (Notary Public)