Legal Opinion
Ellis v. Daboll
Michigan Supreme Court
Decided February 10, 1892PublishedCited by 2 opinions
Mandamus. Relator applied for mandamus directing tbe respondent to vacate an order made in habeas corpus proceedings discharging a prisoner confined in the State prison under a void sentence. The facts are stated in the opinion.
1Per curiam
One John Wilson was sentenced to the State prison at Jackson by the circuit court of Calhoun county, April 5, 1890, having been convicted' in that court' of the crime of larceny. Wilson, by this sentence, was ordered to—
“ Be confined in the State prison at Jackson under provision of Act No. 228 of the Public Acts of 1889, at hard labor, for the period of not exceeding five years from and including this day; and the said court gives as hi» reason for said sentence that he believes the said John. Wilson to be a confirmed criminal.”
It will be seen that Wilson was not sentenced for any definite…
2Cases cited5 opinions
- People v. CummingsMichigan Supreme Court · 1891
- Hamilton's CaseMichigan Supreme Court · 1883
- People ex rel. Faust v. Judge of the Calhoun Circuit CourtMichigan Supreme Court · 1874
- People ex rel. Metzner v. EdwardsIllinois Supreme Court · 1872
- People ex rel. Ryan v. RussellNew York Supreme Court · 1866
3Cited by2 opinions
- People v. PriceMichigan Court of Appeals · 1970
- In re BrockMichigan Supreme Court · 1906