Herman v. State

8 Ind. 545 (1855)

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Herman v. State

Indiana Supreme Court
8 Ind. 545 (1855)

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  • Written by Carolyn Strutton, JD

Facts

In 1855, the state of Indiana passed a law that prohibited all manufacture, sale, and use of whisky, ale, porter, and beer. Herman (defendant) was charged and convicted of violating this liquor law. Herman obtained a writ of habeas corpus, alleging that the liquor law was unconstitutional and therefore void.

Rule of Law

Issue

Holding and Reasoning (Perkins, J.)

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Casebooks

Criminal Law

Key Terms

  • Writ of Habeas CorpusEnables a detainee or prisoner to challenge the legality of his detention by the government.

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