In re Lewis
Montana Supreme Court
In the matter of the application of Floyd Lewis for a writ of habeas corpus. Writ granted, but complainant committed for resentence.
1Opinion of the CourtJustice Sanner
Habeas corpus. The petitioner, Floyd Lewis, is now confined in the state prison under a judgment of conviction for the crime of statutory rape, said judgment having been pronounced by the district court of Yellowstone county, conformable to a verdict which declared his guilt and assumed to fix his punishment “at not less than two years nor more than two years.” He seeks his release and an absqlute discharge upon the ground that the verdict and judgment are void because they do not comply with the requirements of the Indeterminate Sentence Act (Laws 1915, p. 21).
The express provisions of this…
2Cases cited15 opinions
- Brennan v. PeopleIllinois Supreme Court · 1854
- United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
- The People, Ex Rel. v. . KellyNew York Court of Appeals · 1884
- Ex parte BrownCalifornia Supreme Court · 1885
- Shepherd v. . the PeopleNew York Court of Appeals · 1862
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3Cited by13 opinions
- Lee Lim v. Davis, WardenUtah Supreme Court · 1929
- State v. Lee LimUtah Supreme Court · 1932
- Jordan v. SwopeNew Mexico Supreme Court · 1932
- City of Bozeman v. MerrellMontana Supreme Court · 1927
- In re GomezMontana Supreme Court · 1916
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