In re Thayer
Supreme Court of Vermont
Habeas Corpus to the Supreme Court for the County of Bennington. The mittimus' recited that the relator had been duly convicted of the crime of owning, keeping and possessing intoxicating liquor with intent to sell the same contrary to law.
1Opinion of the CourtTyler, J.
The writ is granted upon the allegation in the petition therefor that the relator is imprisoned without authority of law as appears by the mittimus upon which he was committed. It is apparent that the sentence was excessive upon a first conviction for keeping intoxicating liquor with intent to sell the same in violation of law, and it does not appear from the description of the offense in the mittimus that it was a second conviction.
Form 55 Y. S. provides for a description of the offense in the mittimus when the sentence is imprisonment in the House of Correction and fine, but it does not…
2Cases cited3 opinions
- Ex Parte WilsonSupreme Court of the United States · 1885
- Wager v. . WagerNew York Court of Appeals · 1882
- In re DurantSupreme Court of Vermont · 1887
3Cited by9 opinions
- In Re DobsonSupreme Court of Vermont · 1965
- Watkins v. MerryCourt of Appeals for the Tenth Circuit · 1939
- State v. HatfieldWashington Supreme Court · 1911
- The People v. StaceyIllinois Supreme Court · 1939
- KozlowskyMassachusetts Supreme Judicial Court · 1921
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