In re Irvin
Michigan Supreme Court
Application for habeas corpus. The petitioner having been convicted before a justice of the peace on a criminal prosecution for an assault and battery, appealed to the circuit. Being there convicted the court sentenced him to pay a fine of two hundred dollars, and on failing to pay the fine, to be imprisoned for ■one year.
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Application for habeas corpus. The petitioner having been convicted before a justice of the peace on a criminal prosecution for an assault and battery, appealed to the circuit. Being there convicted the court sentenced him to pay a fine of two hundred dollars, and on failing to pay the fine, to be imprisoned for ■one year. He made default and was imprisoned pursuant to the sentence, and is still in jail under it, although moré than three months have elapsed since his imprisonment began. The prosecuting attorney and the attorney general unite in a request for a decision upon the legality of…
1Opinion of the Court
The Court
held that the circuit was confined to the same measure of punishment as the justice, and that Upon the facts as represented the further detention of the petitioner is illegal.
An order must be entered allowing a habeas corpus to issue on the application of the petitioner or his attorney, unless he shall be otherwise released.
2Cited by1 opinion
- Nelson v. PeopleMichigan Supreme Court · 1878