Ex parte Cornwall
Supreme Court of Missouri
Habeas Corpus. (1) The criminal court of Pettis county, under the statutes, could only impose a fine for the offense charged. The jail sentence was unauthorized. R. ,S. 1899, sec. 2197. Likewise, the stay of execution granted relator was unauthorized. A stay of execution may be granted for ninety days after conviction, by defendant entering into a recognizance to surrender himself in execution.
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Habeas Corpus. (1) The criminal court of Pettis county, under the statutes, could only impose a fine for the offense charged. The jail sentence was unauthorized. R. ,S. 1899, sec. 2197. Likewise, the stay of execution granted relator was unauthorized. A stay of execution may be granted for ninety days after conviction, by defendant entering into a recognizance to surrender himself in execution. R. S. 1899, sec. 2695. Or a stay of execution may be granted when an appeal is taken. R. S. 1899, secs. 2698 and 2699. Or when a writ of error is sued out. R. S. 1899, sec. 2700. The judgment and stay…
1Opinion of the CourtFox, J.
This is an original proceeding pending in this court. On the 25th day of August, 1909, relator presented her petition to the Honorable Henry Lamm, one of the judges of the Supreme Court of this State, in chambers at Sedalia, Pettis county, Missouri, praying for the issuance of a writ of habeas corpus. The writ was issued and the prisoner brought before the judge forthwith, in accordance with the commands of the writ. Subsequently it was ordered that the return to this writ be set over until the October term, 1909, of the Supreme Court of Missouri, it being agreed that the petitioner should be…
2Cases cited5 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Ex parte GraySupreme Court of Missouri · 1882
- Ex parte CohenSupreme Court of Missouri · 1901
- State v. NunleySupreme Court of Missouri · 1904
- Ex parte KenneySupreme Court of Missouri · 1891
3Cited by14 opinions
- Ex Parte United StatesSupreme Court of the United States · 1916
- Ex Parte ThornberrySupreme Court of Missouri · 1923
- State ex rel. Gehrmann v. OsborneNew Jersey Court of Chancery · 1911
- State v. BarosNew Mexico Supreme Court · 1968
- Turner v. StateCourt of Criminal Appeals of Texas · 1930
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