Ah Sin v. Wittman, 198 U.S. 500 (1905)

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Ah Sin v. Wittman


No. 25


Submitted April 28, 1905
Decided May 29, 1905
198 U.S. 500

ERROR TO THE SUPREME COURT IN AND FOR THE CITY AND
COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA

Syllabus

Where the petitioner contends that a criminal law of the state is unconstitutional because it denies a class to which he belongs the equal protection of the law, not on the ground that it is unconstitutional on its face, or discriminatory in tendency and ultimate actual operation, but because it is made so by the manner of its administration, in being enforced exclusively against such class, it is a matter of proof, and no latitude of intention will be indulged, and it is not sufficient to simply allege such exclusive enforcement, but it must also appear that the conditions to which the law was directed do not exclusively exist among that class and that there are other offenders against whom the law is not enforced.

The facts are stated in the opinion.