Case Summary

On October 4, 1918, Ike Payne filed for a second Habeas petition following his arrest for the unlawful possession and transport of intoxicating liquor, understood as second offense. In this new petition, Payne charged that this charge does not fall under Nebraska state laws and that the police magistrate does not hold the authority or power to sentence under such charges. A writ was issued and Payne was released the same day.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Unlawful possession and transport of intoxicating liquor

Sites of significance

• Douglas County Jail (Omaha, Nebraska)

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

Douglas County (NE) Criminal Appearance Docket Books, Vol. 20: ca.1917-1919, p. 486; 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. 20-486 (microfilm)

Length of case file

Between 11 and 20 pages

Related petitions

• In re application of Ike Payne for writ of Habeas Corpus vs. Michael L. Clark Sheriff, Respondent

Repository(s)

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

State

• Nebraska

People

• Redick, William A. (judge)
• Lovely, William E. (petitioner attorney)
• Payne, Ike (petitioner)
• Payne, Ike (bound party)
• Clark, Michael L. (respondent)
• Clark, Michael L. (responding party)
• Clark, Michael L. (holding party)
• Foster, W. A. (responding party)
• Fitzgerald, James M. (police magistrate)

• Additional parties

  Smith, Robert (Clerk)

  Steere Jr., Asel (Deputy)

  Lovely, Joe (Notary Public)

  Cohen, Samuel H. (Clerk Police Court)

  Murray, J. B. (Complainant)