Ex parte Marx

Citations

• 86 Va. 40
• 9 S.E. 475
• 1889 Va. LEXIS 6

Syllabus

<p>1. Sabbath-breaking—Justices—Fines—Trial by jury.—The fine prescribed for violating the Sabbath, is recoverable before a justice and by a civil warrant. Code, secs. 3799, 2939, and 717. The constitutional rights to trial by jury does not extend to such an offence.</p> <p>2. Habeas corpus—Judgment.-Sufficiency of evidence.—Sufficiency of evidence wherein judgment is founded, cannot be enquired into on habeas corpus, where the justice had jurisdiction and the conduct of the case has been in strict conformity with the rules of procedure in such cases.</p> <p>3. Idem—Affidavits—Writ of error.—Code, sec. 3035, providing for the use of affidavits, refers only to the illegality, not the irregularity, of the prisoner’s detention, and does not authorize a review of the sufficiency. A writ of habeas corpus is not a writ of error, which is the remedy for mere errors in proceedings of courts of competent jurisdiction. JSx parte Rollins, 80 Va., 314.</p> <p>4. Idem—Fines—Commitment—Case at bar.—Justice imposed a fine upon defendant for violating the Sabbath, and upon defendant’s refusing to pay it, committed him to jail “ for one year unless the fine be sooner paid ”: held, the commitment was such a departure from the terms of the statute, from which the justice derived his authority, the letter whereof must be strictly followed, and by which no particular term of imprisonment is prescribed, and is defective and invalid. • Jones’ Case, 20 Gratt., 848.</p>