Legal Opinion

Dickerson v. Perkins

Supreme Court of Iowa

Decided February 9, 1918PublishedCited by 18 opinions

Appeal from Lee District Court. — W. S. Hamilton, Judge. This is a habeas corpus proceeding. A writ was issued, and a hearing had in the district court. The plaintiff is a convict in the penitentary at Fort Madison. The defendant is the warden. The question involved is whether the .plaintiff's prison term has expired. The trial court denied his petition, and he appeals.

1Opinion of the CourtEvans, J.

The plaintiff was committed to the penitentiary under two sentences of imprisonment of five years each. Indictments for larceny were found against him in the counties of Boone and Dallas. On October 10, 1913, the district court of Boone County entered judgment against him upon a plea of guilty, and imposed the maximum sen*872tence. A mittimus was immediately issued, and the judgment was executed by the sheriff of the county, by delivery to the warden of the mittimus and the custody of the defendant. On November 21, 1913, he was brought from the 'penitentiary to Dallas County, to stand trial upon…

2Cases cited2 opinions

  1. Hightower v. HollisSupreme Court of Georgia · 1904
  2. Mieir v. McMillanSupreme Court of Iowa · 1879

3Cited by18 opinions

  1. Ex parte LamarCourt of Appeals for the Second Circuit · 1921
  2. People v. IngberNew York Court of Appeals · 1928
  3. People Ex Rel. Clancy v. GraydonIllinois Supreme Court · 1928
  4. Herman v. BrewerSupreme Court of Iowa · 1972
  5. Redway v. WalkerSupreme Court of Connecticut · 1945

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