In re Carlson
Wisconsin Supreme Court
By a writ of habeas corpus issued out of this court on the 30th day of November, 1921, the warden of the state prison at Waupun was required to bring the petitioner, Carl 0. Carlson, before this court on the 16th day of December, 1921, and to show the time and cause of the imprison-nlent of the said Carl O. Carlson.
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By a writ of habeas corpus issued out of this court on the 30th day of November, 1921, the warden of the state prison at Waupun was required to bring the petitioner, Carl 0. Carlson, before this court on the 16th day of December, 1921, and to show the time and cause of the imprison-nlent of the said Carl O. Carlson. In response to the writ Warden R. M. Coles produced the prisoner and alleged that he held the'prisoner in custody by virtue of a certain commitment issued by Benjamin M. De Diemar, clerk of the circuit court for Kenosha county, on the 8th day of December, A. D. 1919, by which he…
1Opinion of the Court
The following opinion was filed February 7, 1922:
Rosenberry, J.
The petitioner alleges that the commitment is void and assigns four grounds upon which the allegation is based:
First. Because the information does riot charge the defendant with first-degree murder as defined by our statute.
Second. That the plea of guilty does not supply nor cure this defect.
Third. That the court has no jurisdiction of the premises to pronounce sentence as it did under the information.
Fourth. That the court had no jurisdiction in the prem- • ises.
We shall first consider whether the information charges Carl 0.…
Also in this document: Dissent.
2Cases cited39 opinions
- Ex Parte BainSupreme Court of the United States · 1887
- Ball v. United StatesSupreme Court of the United States · 1891
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- In Re GrahamSupreme Court of the United States · 1891
- Williams v. StateSupreme Court of Florida · 1903
34 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Clayton E. Gadsden v. United StatesCourt of Appeals for the D.C. Circuit · 1955
- Holesome v. StateWisconsin Supreme Court · 1968
- Clark v. StateWisconsin Supreme Court · 1974
- State ex rel. Rodd v. VerageWisconsin Supreme Court · 1922
- State v. KuselWyoming Supreme Court · 1923
36 more not listed; retrieve them via the Exa API.