Brown v. Rice
Supreme Judicial Court of Maine
Petition for a writ of habeas corpus. The petition alleged substantially that at the time of its date the petitioner was unlawfully held in custody at Portland, by Warren W. Rice, the warden of the State prison, by virtue of a warrant of commitment from the superior court of Cumberland county, a copy of which was thereto annexed; that at the January term, 1870, of said court, the petitioner was indicted for cheating by false pretences, and, upon being arraigned, pleaded…
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Petition for a writ of habeas corpus. The petition alleged substantially that at the time of its date the petitioner was unlawfully held in custody at Portland, by Warren W. Rice, the warden of the State prison, by virtue of a warrant of commitment from the superior court of Cumberland county, a copy of which was thereto annexed; that at the January term, 1870, of said court, the petitioner was indicted for cheating by false pretences, and, upon being arraigned, pleaded guilty thereto; that on January 11th, he was sentenced by the justice of said court, upon conviction on said indictment, to…
1Opinion of the CourtKent, J.
The question presented by the case before us is, whether the sentence to three years’ imprisonment in the State prison was'legally imposed. It is not objected that such a sentence was beyond the limit fixed for the crime, but it is urged that the court had no power to inflict it, because the same court had passed a prior sentence of six months’ imprisonment in the county jail on the same indictment, and had issued a warrant of commitment, which had been executed by the sheriff, by committing the prisoner to the jail, and he had been received by the jailer and entered on the register as such…
2Cited by19 opinions
- State v. LairdSupreme Court of New Jersey · 1957
- Emerson v. BoylesSupreme Court of Arkansas · 1926
- Rutland v. StateCourt of Appeals of Georgia · 1914
- People ex rel. Lucey v. TurneyIllinois Supreme Court · 1916
- In re BeckSupreme Court of Kansas · 1901
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