In re Miller
Idaho Supreme Court
Original application on behalf of Matt Miller for a writ of habeas corpus. A district judge has no jurisdiction to sentence for a longer ■period than five years one charged with and found guilty of •the crime against nature. (Black on Judgments, sec. 253, p. •316; Ex parte Cox, 3" Ida. 530, 95 Am.
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Original application on behalf of Matt Miller for a writ of habeas corpus. A district judge has no jurisdiction to sentence for a longer ■period than five years one charged with and found guilty of •the crime against nature. (Black on Judgments, sec. 253, p. •316; Ex parte Cox, 3" Ida. 530, 95 Am. St. 29, 32 Pae. 197; In re Lucas, 17 Ida. 164, 104 Pac. 657; In re Walton, 17 Ida. .171, 104 Pac. 659, and In re Chase, 18 Ida. 561, 110 Pae. 1036.) The court had jurisdiction to sentence defendant for a longer period than five years. The punishment by imprisonmént for a number of years beyond five…
1Opinion of the CourtSullivan, J.
— The petitioner applied to this court for a writ of habeas corpus, and it.is alleged in his petition that he is unlawfully imprisoned in the state penitentiary. The facts set up showing the alleged unlawful imprisonment are as follows: On the 26th of November, 1898, petitioner was found guilty in the district court of Lincoln county of the infamous crime against nature and sentenced to punishment therefor in the state penitentiary for a term of twenty-five years. Thereafter, on or about November 30, 1898, he was delivered into the custody of the officers of the penitentiary pursuant to said…
2Cases cited5 opinions
- People v. StouterCalifornia Supreme Court · 1904
- State v. MulkeyIdaho Supreme Court · 1899
- People v. NopCalifornia Supreme Court · 1899
- In re RowlandIdaho Supreme Court · 1902
- In re BurgessIdaho Supreme Court · 1906
3Cited by9 opinions
- State v. BushIdaho Supreme Court · 1997
- State v. CarringerIdaho Supreme Court · 1974
- Brinson v. StateDistrict Court of Appeal of Florida · 1973
- Fitzgerald v. AmrineSupreme Court of Kansas · 1941
- State v. BrashierIdaho Court of Appeals · 1995
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