In re McCauley
Wisconsin Supreme Court
Habeas Corpus. Habeas corpus to Henry Town, warden of the state prison, -to test his right to retain in custody at such prison Charles McCauley, it being alleged in the petition that said McCauley June 5, 1899, was by the circuit court for Portage county, Wisconsin, sentenced to imprisonment in said prison for five years, the term to commence on said day at 12 o’clock noon; that a certificate of conviction was made accordingly and said McCauley placed in actual confinement;…
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Habeas Corpus. Habeas corpus to Henry Town, warden of the state prison, -to test his right to retain in custody at such prison Charles McCauley, it being alleged in the petition that said McCauley June 5, 1899, was by the circuit court for Portage county, Wisconsin, sentenced to imprisonment in said prison for five years, the term to commence on said day at 12 o’clock noon; that a certificate of conviction was made accordingly and said McCauley placed in actual confinement; that the sentence expired June 5, 1904, but nevertheless, that tbe warden of said' prison refuses to release tbe…
1Opinion of the CourtMarshall, J.
Tbe proposition of counsel for tbe relator is, that if a person confined in tbe state prison in execution of' a sentence obtains bis liberty by escape from prison or a prison breach, be can only be reconfined pursuant to a sentence under sec. 4490, Stats. 1898, providing that in case of' an escape from prison tbe guilty person shall be punished by imprisonment “not to exceed ten years, in addition to the-former sentence,” or sec. 4494, Stats. 1898, providing that in case of a prisoner breaking and escaping from prison be shall be punished by imprisonment for “one year in addition to tbe…
2Cases cited7 opinions
- Dolan's CaseMassachusetts Supreme Judicial Court · 1869
- State v. WamireIndiana Supreme Court · 1861
- Ex parte VanceCalifornia Supreme Court · 1891
- State v. . CockerhamSupreme Court of North Carolina · 1842
- Ex parte CliffordIndiana Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States Ex Rel. Nicholson v. DillardCourt of Appeals for the Fourth Circuit · 1939