In re Setters
Idaho Supreme Court
Original application for writ of habeas corpus to discharge the petitioner upon the ground that the judgment and sentence rendered upon conviction is void. “Jurisdiction to render the particular sentence imposed is as essential to its validity as jurisdiction of the person or subject matter.” (Church ou Habeas Corpus, sec. 362; Ex parte Cox, 3 Ida. 530, 32 Pac. 197, 95 Am. St. 29; Ex parte Justus, 3 Okl. Cr.
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Original application for writ of habeas corpus to discharge the petitioner upon the ground that the judgment and sentence rendered upon conviction is void. “Jurisdiction to render the particular sentence imposed is as essential to its validity as jurisdiction of the person or subject matter.” (Church ou Habeas Corpus, sec. 362; Ex parte Cox, 3 Ida. 530, 32 Pac. 197, 95 Am. St. 29; Ex parte Justus, 3 Okl. Cr. Ill, 104 Pac. 933, 25 L. R. A., N. S., 483; Ex parte Oudenoge, 2 Okl. Cr. 110, 100 Pac. 39; Ex parte Dams, 33 Nev. 309, 110 Pac. 1131; In re Spaulding, 75 Kan. 163, 88 Pae. 547.) Under…
1Opinion of the CourtStewart, J.
— This is an original application for a writ of hateas corpus for the release of J. S. Setters, who is confined in the state penitentiary of this state. The facts alleged in the petition are as follows:
That an information was filed in the district court of Shoshone county by the prosecuting attorney of said county on the 20th day of December, 1909, charging Setters with passing a fictitious draft in violation of sec. 7034, Rev. Codes. On the same day the defendant plead guilty to said information and judgment was rendered against said Setters, finding him guilty and sentencing him to…
2Cases cited8 opinions
- Miller v. StateIndiana Supreme Court · 1898
- People ex rel. Bradley v. Illinois State ReformatoryIllinois Supreme Court · 1894
- State v. PerkinsSupreme Court of Iowa · 1909
- In re CampbellMichigan Supreme Court · 1904
- In re DuffMichigan Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- King v. StateIdaho Supreme Court · 1966
- State v. EikelbergerIdaho Supreme Court · 1951
- Spanton v. ClappIdaho Supreme Court · 1956
- State v. GrantIdaho Supreme Court · 1914
- In Re JenningsIdaho Supreme Court · 1928
9 more not listed; retrieve them via the Exa API.