Legal Opinion

In re Habeas Corpus of Burkell

District Court, D. Alaska

Decided August 10, 1903No. 64PublishedCited by 1 opinion

The petitioner brings habeas corpus to procure his release from imprisonment in the jail at Rampart, Alaska, where he is confined upon conviction before a justice of the peace for the crime of petit larceny for stealing a dog.

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The petitioner brings habeas corpus to procure his release from imprisonment in the jail at Rampart, Alaska, where he is confined upon conviction before a justice of the peace for the crime of petit larceny for stealing a dog. His counsel makes these objections to the process under which he is confined: (1) That the judgment and commitment are each void because neither affirmatively and clearly states that the defendant has been found guilty of a crime; (2) that the judgment is void for the reason that the justice exceeded his jurisdiction in adding to the sentence in the local jail a…

1Opinion of the Court

WICKERSHAM, District Judge.

Section 410 of the Code-of Criminal Procedure provides:

“That a justice’s court has jurisdiction of the following crimes: First. Larceny, where the punishment thereof may be imprisonment in the county jail or by fine.”

Section 41 of the Penal Code provides that, if the property stolen shall not exceed the value of $35, the penalty for the theft shall be imprisonment in the county jail not less than one month nor more than one year, or by a fine not less than $95 nor more than $100. Upon the face of the marshal’s return it appears that the prisoner is held under a…

2Cases cited24 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Ex Parte SieboldSupreme Court of the United States · 1880
  3. NielsenSupreme Court of the United States · 1889
  4. Ex Parte TerrySupreme Court of the United States · 1888
  5. Ex Parte MilliganSupreme Court of the United States · 1867

19 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Commonwealth v. FlynnMassachusetts Supreme Judicial Court · 1934

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