In re Harris
Supreme Court of Vermont
Habeas corpus. Heard at the January term, 1896. The court had no jurisdiction to impose the sentence, and it and all proceedings under it were absolutely void. V. S., ss. 5066, 5170. Ex parte Lange, 18 Wall. 163; In re Mills, 135 U. S. 263 ; People v. Liscomb, 60 N. Y. 559 1 nre McLaughlin, 58 Vt. i3'6. Habeas corpus cannot be used to review irregularities in the sentence of a court of competent jurisdiction.
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Habeas corpus. Heard at the January term, 1896. The court had no jurisdiction to impose the sentence, and it and all proceedings under it were absolutely void. V. S., ss. 5066, 5170. Ex parte Lange, 18 Wall. 163; In re Mills, 135 U. S. 263 ; People v. Liscomb, 60 N. Y. 559 1 nre McLaughlin, 58 Vt. i3'6. Habeas corpus cannot be used to review irregularities in the sentence of a court of competent jurisdiction. Ex parte Shaw, 7 Ohio 81 ; Ex parte Van Hogan, 25 Ohio 432 ; Ex parte Hunter, 16 Fla. 575 ; Ex pa7-te Gibso7i, 31 Cal. 627 ; Ex parte Bo7id, 9. S. C. 80; Ex pai'te Watkiiis, 3 Peters 263…
1Opinion of the CourtTaft, J.
This is an original petition for a wi'it of habeas corpus. The petitioner is in custody of the superintendent of the state prison. The return of the petition shows that he was received by the superintendent, 30 December, 1895, from the sheriff of Caledonia county, pursuant to a mittimus issued upon a judgment of conviction of the offense of open and gross lewdness, in the county court of that county and a sentence of two yeai-s and nine months in the state prison at Windsor. The statute under which he was convicted, s. 5066, V. S., provides that one guilty of the -offence therein specified…
2Cases cited3 opinions
- In Re BonnerSupreme Court of the United States · 1894
- In Re MillsSupreme Court of the United States · 1890
- Commonwealth ex rel. Davis v. LeckySupreme Court of Pennsylvania · 1832
3Cited by23 opinions
- Bryant v. United StatesCourt of Appeals for the Eighth Circuit · 1914
- In re HookSupreme Court of Vermont · 1922
- In Re DobsonSupreme Court of Vermont · 1965
- Lee Lim v. Davis, WardenUtah Supreme Court · 1929
- State Ex Rel. Shetsky v. UtechtSupreme Court of Minnesota · 1949
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