State ex rel. Houston v. Willis
Supreme Court of Missouri
Petition for Habeas Corpus. The petitioner, Houston, was indicted for stealing personal property of the value of ten dollars. He pleaded guilty, and was sentenced to two years imprisonment in the penitentiary. The other facts appear in the opinion of the court. 1. The change m the law defining petit larceny enured to Houston’s benefit. Section 6, p.^95, Wag.
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Petition for Habeas Corpus. The petitioner, Houston, was indicted for stealing personal property of the value of ten dollars. He pleaded guilty, and was sentenced to two years imprisonment in the penitentiary. The other facts appear in the opinion of the court. 1. The change m the law defining petit larceny enured to Houston’s benefit. Section 6, p.^95, Wag. Stat., does not apply, because the act of 1877 does not repeal, but only amends the sections of the General Statutes defining larceny. 2. It was competent for the Legislature notwithstanding the General Statute, to modify the punishment…
1Opinion of the Court
Sherwood, O. J.
— The object of this writ is to test the legality of the confinement of Houston in the penitentiary, pursuant to judgment and sentence of the Scott circuit court for grand larceny, the crime being committed and indictment found prior to January 1st, 1877, though the trial did not occur until after an act went into effect, changing in certain cases what was theretofore known as grand larceny into petit larceny, and making also different provision for the punishment'of crimes of the class for which the prisoner received his sentence. Passing over all mere preliminary questions,…
2Cases cited9 opinions
- Hartung v. . the PeopleNew York Court of Appeals · 1860
- Shepherd v. . the PeopleNew York Court of Appeals · 1862
- State ex rel. Blakeman v. HaysSupreme Court of Missouri · 1873
- Strong v. StateIndiana Supreme Court · 1822
- Ratzky v. . the PeopleNew York Court of Appeals · 1864
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3Cited by3 opinions
- Ex Parte WilsonSupreme Court of Missouri · 1932
- Lindzey v. StateMississippi Supreme Court · 1888
- State v. CampbellSupreme Court of Iowa · 1905