In re Granger
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Holmes, J. The facts are stated by the commissioner.
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Error from the district court of Lancaster county. Tried below before Holmes, J. The facts are stated by the commissioner. The statute under which applicant was sentenced is unconstitutional and void, hence the court had no jurisdiction to impose the sentence. {In re McVey, 50 Neb. 483.) Upon an application for a writ of habeas corpus the constitutionality of the statute under which applicant was convicted will be inquired into, and if found to be unconstitutional the writ will be granted. {Ex parte Smith, 36 S. W. Rep. [Mo.] 628; Ex parte Marmadulce, 91 Mo. 228; In re Thompson, 117 Mo. 83;…
1Opinion of the Court
Ryan, C.
This application for a writ of habeas corpus was denied in the district court of Lancaster county, and by petition in error the judgment of said court is presented for review in this court. The detention of the applicant was justified by the warden of the penitentiary of this state by a record of the conviction of the applicant of the crime of stealing- a cow of the value of $20 and his sentence by the district court of Sheridan county to imprisonment for a term of three years, which term has not yet expired. The act making the stealing oí cattle a felony is chapter 77 of the Laws of…
2Cases cited3 opinions
- Division of Howard CountySupreme Court of Kansas · 1875
- State ex rel. Attorney General v. FrancisSupreme Court of Kansas · 1882
- Robb v. BrewerSupreme Court of Iowa · 1883
3Cited by10 opinions
- Carlton v. GrimesSupreme Court of Iowa · 1946
- State ex rel. McClay v. MickeyNebraska Supreme Court · 1905
- State ex rel. Crocker v. JunkinNebraska Supreme Court · 1907
- State ex rel. Oldham v. DeanNebraska Supreme Court · 1909
- Shaffer v. StateNebraska Supreme Court · 1932
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