In re Peterson
Idaho Supreme Court
Original application for writ of habeas corpus. “The rendering of judgment and the final sentencing of the defendant cannot be made a mere matter of discretion with the judge or the public prosecutor nor to depend upon the subsequent conduct of the convicted person.” (People ex rel. Boenert v. Barrett, 202 111. 287, 95 Am.
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Original application for writ of habeas corpus. “The rendering of judgment and the final sentencing of the defendant cannot be made a mere matter of discretion with the judge or the public prosecutor nor to depend upon the subsequent conduct of the convicted person.” (People ex rel. Boenert v. Barrett, 202 111. 287, 95 Am. St. 230, 67 N. B. 23, 63 L. E. A. 82; Weaver v. People, 33 Mich. 296; In re Strichler, 51 Kan. 700, 33 Pac. 620.) The vacation and resentenee after part of a valid sentence, partly or wholly executed, is void. (25 Am. & Eng. Ency. of Law, 315, and cases cited; State v.…
1Opinion of the CourtSullivan, J.
This is an application for a writ of habeas corpus to obtain the release of Chris Peterson from the custody of the sheriff of Bonner county. The cause of the imprisonment is as follows:
On the 9th of December, 1910, in the district court of Bonner county, the defendant plead guilty to the charge of selling intoxicating liquors in violation of what is commonly known as the local option law (Sess. Laws, 1909, p. 9). The defendant appeared for sentence and the following sentence and judgment was entered in the minutes of the court on December 10, 1910 :
“At this day,- the state was representea by…
2Cases cited3 opinions
- People ex rel. Boenert v. BarrettIllinois Supreme Court · 1903
- In re StricklerSupreme Court of Kansas · 1893
- Weaver v. PeopleMichigan Supreme Court · 1876
3Cited by25 opinions
- Ex Parte United StatesSupreme Court of the United States · 1916
- State Ex Rel. Sonner v. ShearinCourt of Appeals of Maryland · 1974
- State v. EdelbluteIdaho Supreme Court · 1967
- State ex rel. Dawson v. SappSupreme Court of Kansas · 1912
- State ex rel. Gehrmann v. OsborneNew Jersey Court of Chancery · 1911
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