In Re Graham
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF WISCONSIN. This was a writ of error to the iSupreme Court of Wisconsin to review a judgment of that court refusing to issue a writ of habeas corpus, for the discharge of the plaintiff in error, the petitioner for .the writ.
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ERROR TO THE SUPREME COURT OF THE STATE OF WISCONSIN. This was a writ of error to the iSupreme Court of Wisconsin to review a judgment of that court refusing to issue a writ of habeas corpus, for the discharge of the plaintiff in error, the petitioner for .the writ. A law of Wisconsin declared that “ any person who shall assault another and shall feloniously rob, steal or take from his person any money or other property which may be the subject of larcény, such robber being armed'with a dangerous weapon, with intent if resisted to kill or maim the person robbed, or, being so armed, who shall…
1Opinion of the CourtJustice Field
It is undoubtedly the general rule that a judgment rendered by a court in a criminal case must conform strictly to the statute, and that any variation from its provisions, either in the character or the^extent of punishment inflicted, fenders the judgment absolutely void; but it seems that under the law of Wisconsin a judgment in a criminal case which merely exceeds in the time of punishment prescribed by the sentence that which is authorized by law, is not absolutely void, but only erroneous, and that the error, must be corrected on appeal and cannot be corrected by a writ of habeas corpus.…
2Cited by55 opinions
- Weems v. United StatesSupreme Court of the United States · 1910
- McNally v. HillSupreme Court of the United States · 1934
- Egan v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- John Henry Knapp, Arizona State Prison Inmate No. 33659, and All Inmates of the Arizona State Prison Similarly Situated v. Harold CardwellCourt of Appeals for the Ninth Circuit · 1982
- Scannell v. Ed. Ferreirinha & Irmao, Lda.Massachusetts Supreme Judicial Court · 1987
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