Ex parte Bethurum
Supreme Court of Missouri
Petition for Habeas Corpus. ought not to be construed as applying to sentences previously passed, as such construction would make it obnoxious to the inhibition of the constitution against ex post facto and retrospective laws, citing Costin v. Corporation of Washington, 2 Cranch C. C. 254; U. S. v. Hall, 6 Cranch 171; Colder v. Bull, 3 Dali. 386; Cooley Const. Dim. 272, 370; Hope Mut. Ins.
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Petition for Habeas Corpus. ought not to be construed as applying to sentences previously passed, as such construction would make it obnoxious to the inhibition of the constitution against ex post facto and retrospective laws, citing Costin v. Corporation of Washington, 2 Cranch C. C. 254; U. S. v. Hall, 6 Cranch 171; Colder v. Bull, 3 Dali. 386; Cooley Const. Dim. 272, 370; Hope Mut. Ins. Co. v. Flynn, 38 Mo. 483. 2. The Supreme Court is a constitutional tribunal, and a statute cannot enlarge its constitutional powers so as to authorize it to sentence a criminal at all, or to modify a…
1Opinion of the CourtHenry, J.
— At tbe November term, 1875, of tbe Buchanan circuit court, Bethurum was tried and convicted of forgery in tbe third degree, and sentenced to imprisonment in tbe penitentiary for a term of eight years, tbe maximum punishment for that ofíense being fixed by law at seven years imprisonment in tbe penitentiary, and be now asks to be discharged from said imprisonment on tbe ground that it was illegal. It is conceded that under tbe decisions of this court, in ex parte Page, 49 Mo. 291; ex parte Jilz, 64 Mo. 205, the petitioner is entitled to bis discharge, if tbe act of tbe General Assembly,…
2Cases cited2 opinions
- Ex parte JilzSupreme Court of Missouri · 1876
- Ex parte PageSupreme Court of Missouri · 1872
3Cited by23 opinions
- State v. HoneycuttSupreme Court of Missouri · 2013
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- State v. KyleSupreme Court of Missouri · 1901
- Murphy v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- American Federation of Teachers v. LedbetterSupreme Court of Missouri · 2012
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