Mieir v. McMillan
Supreme Court of Iowa
Appeal from, an order of Mr. Justice Beck. The plaintiff is a convict in tbe Iowa penitentiary. The defendant is the warden'of the penitentiary. The plaintiff applied for and obtained a writ of habeas corpus, for the purpose of testing the legality of his imprisonment. The facts from which the legality of his imprisonment is to be determined appear from the petition and answer, and are as follows : Two indictments were found against the petitioner by the same grand jury.
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Appeal from, an order of Mr. Justice Beck. The plaintiff is a convict in tbe Iowa penitentiary. The defendant is the warden'of the penitentiary. The plaintiff applied for and obtained a writ of habeas corpus, for the purpose of testing the legality of his imprisonment. The facts from which the legality of his imprisonment is to be determined appear from the petition and answer, and are as follows : Two indictments were found against the petitioner by the same grand jury. He pleaded guilty upon .both indictments, and was sentenced upon each to one year’s imprisonment in the penitentiary, both…
1Opinion of the CourtAdams, J.
i jujjoprSonmenTl cnmmi law. — Section 4508 of the Code is in these words: “If the defendant is convicted of two or more offenses before judgment on either, the punishment of which is or may be imprisonment, the judgment may be g0 ren¿ere¿ that the imprisonment upon any one shall commence at the expiration of the imprisonment upon any of the other offenses.”
*242It is insisted by the appellant that judgment was not so rendered that imprisonment for one offense should commence at the expiration of the imprisonment for the other, and that, such being-the fact, either the two terms must be considered…
2Cited by1 opinion
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