56 Kan. 123 | Kan. | 1895
' The opinion of the court was delivered by
: The petitioner was charged by the county attorney of Wyandotte county with burglary and larceny in a dwelling-house in the night-time, and, being arraigned in court, he pleaded guilty to the charge. The court, apparently understanding the charge to be that of burglary in the first degree, sentenced him to confinement and hard labor in the penitentiary for the term of 20 years. The crime in fact charged is bur
That it was error for the district court to render the judgment it did is very clear, but it is not so clear that the error can be corrected under a writ of habeas corpus, the defendant being held ‘1 upon any process issued on any final judgment of a court of competent jurisdiction.” (See §671 of the Code of Civil Procedure, and Ex parte Nye, 8 Kan. 99.) If the court may inquire into the validity of the commitment, and may under a writ of habeas corpus relieve the petitioner from the punishment imposed in excess of that authorized by law, then we have to determine what that excess is. Of course all over 17 years, the maximum punish
Whether the prisoner can be discharged on habeas corpus after he has served out so much of the sentence as the law authorized the court to impose, or not, we are not now called upon to determine.
The petitioner is remanded to the custody of the warden of the penitentiary.