United States v. Harman
District Court, D. Kansas
The defendant, Moses Hannan, was indicted in the United States district court at Leavenworth, Kan., in 1888, for depositing in the mails of the United States an obscene paper, in violation of section 3893, Rev. St., amended.
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The defendant, Moses Hannan, was indicted in the United States district court at Leavenworth, Kan., in 1888, for depositing in the mails of the United States an obscene paper, in violation of section 3893, Rev. St., amended. On trial before a jury he was found guilty, and thereupon sentenced by the court to “be imprisoned in the Kansas state penitentiary for five years, and that he pay a fine of $300.” On writ of error, sued out to the United States circuit court, under Act Cong; March 3, 1879 (20 Stat. 354, c. 176), this judgment was reversed, for the reason that the statute directs that the…
1Opinion of the CourtPhilips, District Judge
(after stating the facts). It would be an idle labor for this court to enter upon an enlarged discussion of the distinction between erroneous, or voidable, and void judgments. As applied to the facts of this case, the ruling of the United States circuit court judge, on writ of error, is, that the omission of the trial court, in the sentence, of the words “at hard labor” rendered “the judgment absolutely void.” Harman v. U. S., 50 Fed. 922. The principles of law are reviewed in Re Bonner, 151 U. S. 242, 14 Sup. Ct. 323. The solicitor general, on behalf of the government, with vigorous…
2Cases cited6 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Ex Parte LangeSupreme Court of the United States · 1874
- In Re BonnerSupreme Court of the United States · 1894
- Coleman v. TennesseeSupreme Court of the United States · 1879
- United States v. RagazziniU.S. Circuit Court for the District of Southern New York · 1892
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3Cited by6 opinions
- King v. United StatesCourt of Appeals for the D.C. Circuit · 1938
- Sorenson v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- United States v. BozzaCourt of Appeals for the Third Circuit · 1946
- United States ex rel. Freislinger v. SmithCourt of Appeals for the Seventh Circuit · 1930
- In re GravesDistrict Court, E.D. Wisconsin · 1902
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