Miller v. Evans
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. Wm. G. Thompson, Judge. The petitioner on the twenty-second day of November, 1899, was sentenced “to pay a fine of $300 and costs of prosecution, and stand committed to the jail of Linn county, Iowa, for a period of ninety days, unless said fine is sooner paid.”
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Appeal from Linn District Court. — Hon. Wm. G. Thompson, Judge. The petitioner on the twenty-second day of November, 1899, was sentenced “to pay a fine of $300 and costs of prosecution, and stand committed to the jail of Linn county, Iowa, for a period of ninety days, unless said fine is sooner paid.” Mittimus was not issued until January 2, 1900, and not served by tbe sheriff taking him into custody until February 22, 1900. He was brought before the court on writ of habeas corpus February 28, 1900, and, upon hearing, was remanded to the custody of the sheriff, and his petition dismissed. The…
1Opinion of the CourtLadd, J.
Though the petitioner was sentenced November 23, 1899, to pay a fine, and, on omission so to do, to stand committed to the county jail for a period of 90 days, mittimus was not issued until January 2, 1900, and the defendant not taken into custody by the sheriff until February 22d following, or after the term of his incarceration would have 'expired if begun on the day of judgment. He was present in court when sentence was pronounced, and remained in the county during the entire period, interposing no obstacle to carrying out the sentence. There appears to have been no excuse whatever for the…
2Cases cited14 opinions
- People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
- Neal v. StateSupreme Court of Georgia · 1898
- Dolan's CaseMassachusetts Supreme Judicial Court · 1869
- In re WebbWisconsin Supreme Court · 1895
- State v. VossSupreme Court of Iowa · 1890
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3Cited by37 opinions
- Ex Parte United StatesSupreme Court of the United States · 1916
- Munic. Court v. State, Ex Rel.Ohio Supreme Court · 1933
- Fuller v. StateMississippi Supreme Court · 1911
- Huff v. McLartySupreme Court of Georgia · 1978
- State ex rel. Tingstad v. StarwichWashington Supreme Court · 1922
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