Legal Opinion

Ex parte Tani

Nevada Supreme Court

Decided July 15, 1907No. 1721PublishedCited by 10 opinions

APPLICATION by S. Tani for a writ of habeas corpus against the Warden of the State Prison. The facts sufficiently appear in the opinion. I. We contend in this case that the court exceeded its jurisdiction in imprisoning the petitioner in the state prison for five hundred days, and that there is no provision of law authorizing the court to imprison the petitioner in the state prison, for five hundred days, or any other number of days. The court had, under Comp.

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APPLICATION by S. Tani for a writ of habeas corpus against the Warden of the State Prison. The facts sufficiently appear in the opinion. I. We contend in this case that the court exceeded its jurisdiction in imprisoning the petitioner in the state prison for five hundred days, and that there is no provision of law authorizing the court to imprison the petitioner in the state prison, for five hundred days, or any other number of days. The court had, under Comp. Laws, 4701, jurisdiction to impose a fine upon the petitioner of one thousand dollars, but imprisonment for five hundred days is…

1Opinion of the Court

By the Court,

Talbot, C. J.:

Defendant was indicted for the crime of assault with intent to kill. He entered a plea of guilty of assault with a deadly *388weapon with intent to inflict upon the person of another a bodily injury, where no considerable provocation appears, and the sentence of the court was that he be fined $1,000, and, in the event the fine be not paid, that he be imprisoned in the state prison for a period of 500 days, or one day for each and every $2 of the fine not satisfied. No payment being made he was committed to the custody of the warden of the state prison, and now asks to…

2Cases cited70 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Ex Parte SieboldSupreme Court of the United States · 1880
  3. Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
  4. In Re BonnerSupreme Court of the United States · 1894
  5. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875

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3Cited by10 opinions

  1. In re CarlsonWisconsin Supreme Court · 1922
  2. In Re BottjerIdaho Supreme Court · 1927
  3. In re MelosevichNevada Supreme Court · 1913
  4. Davis v. RiedmanNorth Dakota Supreme Court · 1962
  5. Ex Parte SheplyNevada Supreme Court · 1949

5 more not listed; retrieve them via the Exa API.

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