Ex Parte Kaufman
Supreme Court of Missouri
Habeas Corpus. The petitioner’s’case comes within section 2650, Revised Statutes, and he is entitled to be discharged. In sentencing him to the penitentiary, when he was under the age of eighteen years, the court exceeded its jurisdiction both as to the place of imprisonment and the person whom it undertook to sentence. For the same reason the sentence was passed “ in a case and under circumstances not authorized by law.”
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Habeas Corpus. The petitioner’s’case comes within section 2650, Revised Statutes, and he is entitled to be discharged. In sentencing him to the penitentiary, when he was under the age of eighteen years, the court exceeded its jurisdiction both as to the place of imprisonment and the person whom it undertook to sentence. For the same reason the sentence was passed “ in a case and under circumstances not authorized by law.” To determine whether a sentence has been so passed, the entire case and circumstances, so far as they relate to the matter of jurisdiction, and not merely the record, are…
1Opinion of the CourtNorton, J.
This is a proceeding by habeas corpus in which Amos S. Kaufman, the petitioner, alleges he is illegally restrained of his liberty in the State penitentiary by the warden thereof. The warden, in his return avers that, at the April term, 1881, of the criminal court within and for Pettis county, said petitioner was convicted of larceny in a dwelling house, in said county, and by the judgment of the court was sentenced to confinement in the penitentiary for the term of two years, a copy of which sentence and judgment he files with his return as his authority for holding the petitioner. The said…
2Cases cited2 opinions
- In re ToneySupreme Court of Missouri · 1848
- State v. GavnerSupreme Court of Missouri · 1860
3Cited by6 opinions
- Smith v. HessIndiana Supreme Court · 1884
- In re WallaceSupreme Court of Kansas · 1907
- Ex Parte Hamilton v. HendersonMissouri Court of Appeals · 1938
- Ex parte LeeSupreme Court of Missouri · 1913
- In re BartonUtah Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.