Bandy v. Hehn
Wyoming Supreme Court
Habeas Corpus. James Bandy applied for discharge on habeas corpus from the state penitentnary, where he was imprisoned under a sentence of the District Court of Crook County as for grand larceny. The petition alleged the cause of the restraint, charged to be illegal, to be a certain mittimus issued out of said court commanding the warden of the penitentiary to receive and confine the plaintiff in that institution -for the period of two and one-half years.
Read the full summary
Habeas Corpus. James Bandy applied for discharge on habeas corpus from the state penitentnary, where he was imprisoned under a sentence of the District Court of Crook County as for grand larceny. The petition alleged the cause of the restraint, charged to be illegal, to be a certain mittimus issued out of said court commanding the warden of the penitentiary to receive and confine the plaintiff in that institution -for the period of two and one-half years. The illegality of the imprisonment was alleged to consist in the following: That an information was filed in said court against the…
1Opinion of the Court
Corn, Justice.
An information was filed in the District Court charging the petitioner with the crime of grand larceny. He pleaded guilty of petit larceny, the plea was accepted by the prosecuting officer and entered in the journal of the court, and he was remanded to await sentence. Upon being called up for sentence he was informed that he would be sentenced to the penitentiary, the records of the court showing that he had once before been convicted of petit larceny; whereupon he asked leave to withdraw his plea of guilty and to plead not guilty to the information. This the court refused to…
2Cases cited2 opinions
- Miskimmins v. ShaverWyoming Supreme Court · 1899
- Ex Parte DelaNevada Supreme Court · 1900
3Cited by18 opinions
- Massey v. United StatesCourt of Appeals for the Eighth Circuit · 1922
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
- State v. SmithSupreme Court of Iowa · 1906
- Munoz v. MaschnerWyoming Supreme Court · 1979
- Apprendi v. New JerseySupreme Court of the United States · 2000
13 more not listed; retrieve them via the Exa API.