Ex parte Lee
Supreme Court of Missouri
Habeas Corpus. The relator was under the age of eighteen years when the sentence was passed on October 22, 1912, and when commitment was delivered on- October 23, 1912, the said relator was in the custody of the jailer as agent for the warden of the penitentiary. Once having passed sentence on the relator, the judge had no more discretionary power.
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Habeas Corpus. The relator was under the age of eighteen years when the sentence was passed on October 22, 1912, and when commitment was delivered on- October 23, 1912, the said relator was in the custody of the jailer as agent for the warden of the penitentiary. Once having passed sentence on the relator, the judge had no more discretionary power. B. S. 1909, sec. 5267. If the judge had committed an error by assessing a punishment that the law forbids, the judge had a duty to perform, and that duty was to set the illegal sentence aside and sentence the prisoner according to law, viz.,…
1Opinion of the CourtEaris, J.
This is an original proceeding by habeas corpus, wherein George Lee, the petitioner herein, alleges that he is illegally restrained of his liberty and kept in custody in the state penitentiary by one Henry Andrae, the warden of said penitentiary.
In his return to the writ, the warden, after admitting that he has the custody of the petitioner, avers that he is holding him by virtue of certain commit*4ments, which commitments are annexed to the return, and contain copies of the sentence and judgment showing' that at the October term, 1912, of the circuit court of the city of St. Louis, said…
2Cases cited3 opinions
- State ex rel. Walker v. DobsonSupreme Court of Missouri · 1896
- State v. TownleySupreme Court of Missouri · 1898
- Ex Parte KaufmanSupreme Court of Missouri · 1881
3Cited by5 opinions
- Edmondson v. Hotels Statler Co.Supreme Court of Missouri · 1924
- Ex Parte Hamilton v. HendersonMissouri Court of Appeals · 1938
- State Ex Rel. Chase v. CalvirdSupreme Court of Missouri · 1930
- Collins v. A. Jaicks Co.Supreme Court of Missouri · 1919
- Ex Parte RushSupreme Court of Missouri · 1924