Ex parte Durbin
Supreme Court of Missouri
Habeas Corpus. Section 3954, Revised Statutes, 1889, declaring that imprisonment upon a second or subsequent conviction shall commence at the termination of the term of imprisonment adjudged upon the prior conviction, is simply declaratory of what the law would be without its enactment. The court could, without the authority of the statute, pass cumulative sentences and make one begin at the termination of the other. 1 Bish. Crim.
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Habeas Corpus. Section 3954, Revised Statutes, 1889, declaring that imprisonment upon a second or subsequent conviction shall commence at the termination of the term of imprisonment adjudged upon the prior conviction, is simply declaratory of what the law would be without its enactment. The court could, without the authority of the statute, pass cumulative sentences and make one begin at the termination of the other. 1 Bish. Crim. Law [7 Ed. ] sec. 953; State v. Smith, 5 Day, 175; Kite v. Com., 11 Met. (Mass) 581; Bussell v. Com., 7 Sar. & R. 489; United States v. Patterson, 29 Fed. Rep. 775…
1Opinion of the CourtBarclay, J.
— A writ of habeas corpus was recently issued to the warden of the penitentiary at the instance of petitioner, to determine the legality of the latter’s imprisonment there. The warden’s return shows that the petitioner is held upon three commitments pursuant to three sentences by the criminal court of LaFayette county, one of which is for a term of three years for burglary in the second degree; another for a like term *102on another change of the same nature ; and the other for a term of five years for burglary in the second degree and grand larceny, all of March 13, 1885.
None of the sentences…
2Cases cited7 opinions
- Sanders v. St. Louis & New Orleans Anchor LineSupreme Court of Missouri · 1888
- Ex parte JacksonSupreme Court of Missouri · 1888
- Ex parte TurnerSupreme Court of Missouri · 1870
- Ex parte BryanSupreme Court of Missouri · 1882
- Ex parte KayserSupreme Court of Missouri · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ex Parte BassSupreme Court of Missouri · 1931
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- State Ex Rel. Attorney-General v. SkinkerSupreme Court of Missouri · 1930
- State v. ReeseSupreme Court of Missouri · 1970
- State v. HuffSupreme Court of Missouri · 1944
11 more not listed; retrieve them via the Exa API.