In re Linden
Wisconsin Supreme Court
Habeas coRpus to the warden of the state prison. A writ of habeas corpus to the warden of the state prison at Waupun, in response to which the petitioner is produced before us.
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Habeas coRpus to the warden of the state prison. A writ of habeas corpus to the warden of the state prison at Waupun, in response to which the petitioner is produced before us. By the petition, confirmed by the return, it is made to appear that he was convicted of burglary, and on the 5th day of December, 1899, sentenced to the state reformatory at Grreen Bay for a term of from one to five years, in accordance with secs. 4944a, 4944c, Stats. 1898, as amended by oh. 28, Laws of 1899, and that on January 15, 1900, he was, by order of the state board of control, with the approval of the…
1Opinion of the CourtDodge, J.
The only complaint made by the petitioner is that his confinement in the state prison at Waupun is illegal, for the reason that under his sentence he has a right to be *525imprisoned only at the reformatory at Green Bay, and that the statute (sec. 4944f) is unconstitutional, as vesting judicial power in the state board of control and in the governor contrary to sec. 2, art. VII of the constitution, which provides:
“ The judicial power of this state, both as to matters of law and equity, shall be vested in a supreme court, circuit courts, courts of probate, and in justices of the peace.”
Sec. 4944f,…
2Cases cited9 opinions
- Miller v. StateIndiana Supreme Court · 1898
- Mills v. CharletonWisconsin Supreme Court · 1872
- George v. PeopleIllinois Supreme Court · 1897
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1896
- Baker v. StateWisconsin Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. JoyceIllinois Supreme Court · 1910
- Ex Parte RidleyCourt of Criminal Appeals of Oklahoma · 1910
- SheehanMassachusetts Supreme Judicial Court · 1926
- State Ex Rel. Volden v. HaasWisconsin Supreme Court · 1953
- Harwood v. State Ex Rel. PillarsTennessee Supreme Court · 1947
2 more not listed; retrieve them via the Exa API.