In re Webb
Wisconsin Supreme Court
Habeas Corpus. The writ was allowed by Mr. Justice Cas-sodat. To the return of the sheriff the petitioner demurred. (1) After the expiration of a sentence the defendant cannot be imprisoned thereon unless there has been an appeal or some lawful stay of proceedings. In re Grow, 60 Wis. 349. (2) The court has no power to suspend sentence except on appeal, motion for new trial, or some statutory cause. State v. Addy, 39 Am.
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Habeas Corpus. The writ was allowed by Mr. Justice Cas-sodat. To the return of the sheriff the petitioner demurred. (1) After the expiration of a sentence the defendant cannot be imprisoned thereon unless there has been an appeal or some lawful stay of proceedings. In re Grow, 60 Wis. 349. (2) The court has no power to suspend sentence except on appeal, motion for new trial, or some statutory cause. State v. Addy, 39 Am. Rep.. 541, and note; Ex parte Lange, 18 Wall. 163; Comm. v. Foster, 122 Mass. 311, 23 Am. Rep. 326; State v. Gray, 31 N. J. Law, 368; Comm. v. Mayloy, 51 Pa. St. 291; Whitney…
1Opinion of the CourtPutney, J.
The petitioner was convicted of the crime of adultery in the circuit court for Grant county, and on the 16th day of March, 1894, at the request of the attorneys for the state and for the defendant, he was sentenced to pay a fine of $200, and to pay the costs 'of the prosecution, taxed at $400, and stand committed to the common jail of the county until such fine and costs were paid, the period of imprisonment to be limited to six months; and, in ease said costs were paid that day, the court directed “ that the sentence of imprisonment be suspended -until the further order of the court.” The…
2Cases cited3 opinions
- People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
- State v. GrottkauWisconsin Supreme Court · 1889
- Reinex v. StateWisconsin Supreme Court · 1881
3Cited by46 opinions
- Ex Parte United StatesSupreme Court of the United States · 1916
- Fuller v. StateMississippi Supreme Court · 1911
- State v. ScherrWisconsin Supreme Court · 1960
- Tanner v. WigginsSupreme Court of Florida · 1907
- Miller v. EvansSupreme Court of Iowa · 1901
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