Ex parte Dunlap

Citations

• 5 Alaska 521

Syllabus

<p>1. Jury <&wkey;29(3)—Waiver—Habeas Corpus—Trial.</p> <p>Petitioner was accused of selling intoxicating liquor without a license, waived trial by jury, and was found guilty, third conviction, before justice of the peace, and sentenced to one year in jail and a fine of $1,500. She asks to be discharged on habeas corpus, on the ground that she was tried without a jury, in violation of section 2, art. 3, Const. U. S., and the Sixth Amendment thereto. Held, the offense for which she was convicted was a misdemeanor, a petty offense, and petitioner might waive a jury trial in such case.</p> <p>2. Statutes <&wkey;61—Construction.</p> <p>An act of Congress will not be declared void, except in a clear case. Every possible presumption is in favor of the validity of the statute, and this continues until the contrary is shown beyond a rational' doubt.</p> <p><@=oSee same topic & KEY-NUMBER in ail Key-Numbered Digests & Indexes</p>