Ex parte Jackson
Supreme Court of Missouri
Habeas Corpus. (1) The petitioner was first sentenced in case number 1307, the last one in which he was convicted, and then sentenced in the other two cases. The statute (R. S.! sec. 1659) was not followed, and the sentences, so far as’ they are successive ones, are illegal, as declared in Ex parte Meyers, 44 Mo. 279. The plea of guilty in case 1307 was the same as a conviction. “A man is convicted by the verdict of a jury, or upon his confession in open court.”
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Habeas Corpus. (1) The petitioner was first sentenced in case number 1307, the last one in which he was convicted, and then sentenced in the other two cases. The statute (R. S.! sec. 1659) was not followed, and the sentences, so far as’ they are successive ones, are illegal, as declared in Ex parte Meyers, 44 Mo. 279. The plea of guilty in case 1307 was the same as a conviction. “A man is convicted by the verdict of a jury, or upon his confession in open court.” Ex parte Collins, 94 Mo. 22. It follows therefore that the terms of imprisonment in cases numbered 1307 and 1306 lapsed…
1Opinion of the CourtSherwood, J.
In case number 1305 Jackson was, on October 15, found guilty of forgery. In case number 1306, he was also found guilty of forgery, on November 5, 1885. In case number 1307, he entered a plea of guilty of forgery, on November 6, 1885. Subsequently, sentences of imprisonment in the penitentiary *118were entered against Mm as follows: In 1307, imprisonment in the penitentiary for three years commencing from date of sentence, November 6, 1885. On November 7, 1885, in case number 1305, imprisonment in the penitentiary for three years, commencing from expiration of sentence in the previous case. In…
2Cases cited5 opinions
- Ex parte BethurumSupreme Court of Missouri · 1877
- Ex parte MeyersSupreme Court of Missouri · 1869
- Brown v. CommonwealthSupreme Court of Pennsylvania · 1833
- Ex parte RobertsNevada Supreme Court · 1873
- Ex parte TurnerSupreme Court of Missouri · 1870
3Cited by13 opinions
- State v. BuckSupreme Court of Missouri · 1894
- State v. . MalpassSupreme Court of North Carolina · 1925
- United States v. CarpenterCourt of Appeals for the Ninth Circuit · 1907
- State v. . CatheySupreme Court of North Carolina · 1916
- State Ex Rel. Meininger v. BreuerSupreme Court of Missouri · 1924
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