In re Lucas
Idaho Supreme Court
Original action for writ of habeas corpus. In the following cases it is held that alternative punishments are void: Ex parte Baldwin, 60 Cal. 432; Malter of Bollig, 31 Ill. 88; Browntridge v. People, 38 Micb. 751; Matter of Hoffman, 1 N. Y. Crim.
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Original action for writ of habeas corpus. In the following cases it is held that alternative punishments are void: Ex parte Baldwin, 60 Cal. 432; Malter of Bollig, 31 Ill. 88; Browntridge v. People, 38 Micb. 751; Matter of Hoffman, 1 N. Y. Crim. Rep. 484; State v. Perkins, 82 N. C. 681; In re Deaton, 105 N. C. 59, 11 S. E. 244; State v. Camden, 63 N. J. L. 501, 43 Atl. 1069. Where part of a sentence imposed as a punishment for crime is illegal, if the part that is valid can be separated from the rest, it will be enforced. (Ex parte Mitchell, 70 Cal. 1, 11 Pac. 488; Lowrey v. Hogue, 85 Cal.…
1Opinion of the CourtAilshie, J.
— The petitioner was convicted in the police court of Boise of the crime of assault for violation of see. 667 of the Rev. Ordinances of Boise City, and thereupon was fined the sum of $50. He appealed to the district court and gave an undertaking in the sum of $200 in conformity with the provision of sec. 8324 of the Rev. Codes. The case thereafter duly and regularly came on for trial in the district court, and the defendant was convicted and the trial court pronounced the following sentence:
“That whereas the said Ira Alzamon Lucas having been duly convicted in this court of the crime of…
2Cited by4 opinions
- State v. EikelbergerIdaho Supreme Court · 1951
- State v. RomichIdaho Supreme Court · 1946
- State v. StotterIdaho Supreme Court · 1946
- State v. ScrivnerIdaho Supreme Court · 1945