Legal Opinion

In re Stahlnaker

Supreme Court of Kansas

Decided December 12, 1914No. 19,731PublishedCited by 6 opinions

Original proceeding in habeas corpus.

1Opinion of the Court

The opinion of the court was delivered by

Porter, J.:

The petitioner, who has been confined in the penitentiary since the 17th day of August, 1911, claims that his imprisonment is illegal.

He was charged in the district court with the crime of rape and entered a plea of guilty of an attempt to commit rape. The information was filed under section 31 of the crimes act, which provides that every person who shall be convicted of rape “shall be punished by *623confinement and hard labor not less than five years nor more than twenty-one years.” (Gen. Stat. 1909, §2519.) Section 283 of the crimes act reads:

2Cases cited8 opinions

  1. State v. GodfreyOregon Supreme Court · 1889
  2. People v. GardnerCalifornia Supreme Court · 1893
  3. State v. FrazierSupreme Court of Kansas · 1894
  4. State v. GuthridgeSupreme Court of Kansas · 1913
  5. State v. RussellSupreme Court of Kansas · 1902

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In re McClaneSupreme Court of Kansas · 1930
  2. Skinner v. PratherSupreme Court of Kansas · 1933
  3. State v. BlairSupreme Court of Iowa · 1929
  4. People v. GibbonsMichigan Supreme Court · 1932
  5. State v. CrossSupreme Court of Kansas · 1936

1 more not listed; retrieve them via the Exa API.

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