In re Wilson
Utah Supreme Court
Original application for a writ of habeas corpus upon the relation of W. W. Wilson against the United States Marshal of Utah Territory. Comp. Laws 1876, § 2221, p. 650, provided for cumulative sentences. In 1878 an act was passed entitled, “An act regulating the mode of procedure in criminal cases,” the first section of which provides “that the mode of procedure in criminal cases in the courts of this territory shall be as prescribed in this act.”
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Original application for a writ of habeas corpus upon the relation of W. W. Wilson against the United States Marshal of Utah Territory. Comp. Laws 1876, § 2221, p. 650, provided for cumulative sentences. In 1878 an act was passed entitled, “An act regulating the mode of procedure in criminal cases,” the first section of which provides “that the mode of procedure in criminal cases in the courts of this territory shall be as prescribed in this act.” Session Laws 1878, p. 60. The chapter relating to judgments omitted to re-enact section 2221. Section 342 provided, “if the judgment is for…
1Opinion of the Court
Merritt, C. J.:
The petition alleges that the petitioner is imprisoned .-and unlawfully restrained of his liberty by the United .States marshal of Utah territory, by imprisonment in the Utah penitentiary. That said imprisonment is illegal, and without any probable cause. That the illegality thereof ■consists in this: That on the 28th day of February, 1890, in the Third District Court of Utah, the petitioner pleaded .guilty to eight indictments, each charging him with the crime of grand larceny. That the said offense in each indictment • charged was the taking of a horse, eight horses having…
2Cases cited5 opinions
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- Clawson v. United StatesSupreme Court of the United States · 1885
- People v. ForbesCalifornia Supreme Court · 1863
- Ex Parte DaltonCalifornia Supreme Court · 1875
- Martin v. PeopleIllinois Supreme Court · 1875
3Cited by1 opinion
- In re GreenwaldU.S. Circuit Court for the District of Northern California · 1896