In re Corcoran
Idaho Supreme Court
Original proceeding in supreme court. Application for writ of habeas corpus. The judgment in this case is void, for the reason that in addition to the punishment provided by law for the offense, he was sentenced to seventeen years at hard labor. A judgment in excess of that provided by law is absolutely void. (Ex parte Cox, 3 Idaho, 530, 32 Pac. 197; Ex parte Yarbrough, 110 IT. S. 651, 4 Sup. Ct. Eep. 152; People v. Liscomb, 60 N. Y. 559, 19 Am.
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Original proceeding in supreme court. Application for writ of habeas corpus. The judgment in this case is void, for the reason that in addition to the punishment provided by law for the offense, he was sentenced to seventeen years at hard labor. A judgment in excess of that provided by law is absolutely void. (Ex parte Cox, 3 Idaho, 530, 32 Pac. 197; Ex parte Yarbrough, 110 IT. S. 651, 4 Sup. Ct. Eep. 152; People v. Liscomb, 60 N. Y. 559, 19 Am. Eep. 211; Ex parte Bernert, 62 Cal. 524; Ex parte Lange, 18 Wall. 163; Ex parte Wilson, 114 U. S. 417, 5 Sup. Ct. Eep. 935; Ex parte Page, 49 Mo.…
1Opinion of the CourtHuston, C. J.
— The petitioner was convicted of murder in the second degree, and sentenced to confinement in the state penitentiary at hard labor for the period of seventeen years. Application is made for a writ of habeas corpus, which application is based upon several grounds. The jumbled, incoherent, and repetitive manner in which the grounds upon which the writ is asked are stated in the briefs of counsel for the petitioner renders it somewhat difficult to treat or consider them *660seriatim. We will therefore consider them as they appear to us in the briefs of counsel.
The primary contention is, as set…
2Cases cited2 opinions
- In re McElroyCourt of Appeals of Kansas · 1899
- Simmons v. CunninghamIdaho Supreme Court · 1895
3Cited by2 opinions
- Application of MartinIdaho Supreme Court · 1955
- In Re BladesIdaho Supreme Court · 1939