Legal Opinion

Ex parte Friday

District Court, N.D. New York

Decided October 17, 1890PublishedCited by 6 opinions

At Law. Application by Kate Friday for a discharge on a writ of habeas corpus. Sections 5541 and 5542 of the Revised Statutes of the United States are as follows.: “Sec. 5541. In every (?ase where anyperson convicted of any offense against the United States is sentenced to imprisonment for a period longer than one year, the court by which the sentence is passed may order the same to he executed in any state jail or penitentiary within the district or state where such court…

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At Law. Application by Kate Friday for a discharge on a writ of habeas corpus. Sections 5541 and 5542 of the Revised Statutes of the United States are as follows.: “Sec. 5541. In every (?ase where anyperson convicted of any offense against the United States is sentenced to imprisonment for a period longer than one year, the court by which the sentence is passed may order the same to he executed in any state jail or penitentiary within the district or state where such court is held, the use of which jail or penitentiary is allowed by the legislature of the state for that purpose. “Sec. 5542.…

1Opinion of the CourtCoxe, J.

The petitioner was, in 1889, indicted for larceny, at the October term of the supreme court of the District of Columbia, holding a criminal term. The indictment contained three counts. At the January term, 1890, the petitioner was tried and convicted Upon all the counts. A motion for a new trial was made and denied, and on the loth of March, 1890, still of the January term, she was sentenced on the first count to be imprisoned at labor in the Albany county penitentiary for one year, on the the third count to be imprisoned at labor in the same penitentiary for one year additional, and on the…

2Cases cited3 opinions

  1. In Re MillsSupreme Court of the United States · 1890
  2. Noonan v. BradleySupreme Court of the United States · 1871
  3. Miller v. FinkleNew York Supreme Court · 1853

3Cited by6 opinions

  1. Ex Parte StraderCourt of Criminal Appeals of Oklahoma · 1927
  2. United States v. PerlsteinDistrict Court, D. New Jersey · 1941
  3. In re ChristianU.S. Circuit Court for the District of Western Arkansas · 1897
  4. Loewe v. Union Savings BankDistrict Court, D. Connecticut · 1915
  5. United States v. ThompsonDistrict Court, N.D. California · 1912

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