Legal Opinion

Adams v. Barr

Supreme Court of Iowa

Decided February 13, 1912PublishedCited by 12 opinions

Appeal from Jones Disimct, Court. — TTon. F. O. Ellison, Judge. Habeas corpus proceedings brought by the plaintiff, an inmate of the penitentiary, to test the legality of his imprisonment. The district court refused to sustain the writ and remanded plaintiff to the custody of the warden. From this order an appeal has been taken. The material facts are stated in the opinion.

1Opinion of the CourtWeaver, J.

On September 11, 1908, in the district court of Osceola county, Iowa, the plaintiff herein was convicted of the crime of burglary. Under the statute then in force, the maximum punishment, which could be lawfully imposed for such offense, was imprisonment in the penitentiary for the term of twenty years. Code, section 4789. At the same time, the statute further provided that, whenever a person over sixteen years of age is convicted of a “felony committed subsequent to July 4, 1907 — except murder and treason — the court imposing the sentence of confinement in the penitentiary shall not fix the…

2Cases cited3 opinions

  1. State v. DuffSupreme Court of Iowa · 1909
  2. State v. PerkinsSupreme Court of Iowa · 1909
  3. State v. RozeboomSupreme Court of Iowa · 1910

3Cited by12 opinions

  1. In re SettersIdaho Supreme Court · 1913
  2. Bernklau v. BennettSupreme Court of Iowa · 1968
  3. Cave, Keener v. HaynesSupreme Court of Iowa · 1936
  4. State v. KorthSupreme Court of Iowa · 1927
  5. Territory v. ArmstrongHawaii Supreme Court · 1915

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