(DOWNLOAD) "Ex Parte Lange" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Ex Parte Lange
- Author : United States Supreme Court
- Release Date : January 01, 1873
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
'The petitioner had been indicted under an act of Congress, passed 8th June, 1872,1 for stealing, purloining, embezzling, and appropriating to his own use certain mail-bags belonging to the Post-office Department. Upon the trial, on the 22d day of October, 1873, the jury found him guilty of appropriating to his own use mail-bags, the value of which was less than twenty-five dollars; the punishment for which offence, as provided in said statute, is imprisonment for not more than one year or a fine of not less than ten dollars nor more than two hundred dollars. On the 3d day of November, 1873, the judge presiding sentenced the petitioner under said conviction to one year's imprisonment, and to pay two hundred dollars fine. The petitioner was, on said day, committed to jail in execution of the sentence, and on the following day the fine was paid to the clerk of the court, who, in turn, and on the 7th day of November, 1873, paid the same into the Treasury of the United States. 'On the 8th day of the same month the prisoner was brought before the court on a writ of habeas corpus, the same judge presiding, and an order was entered vacating the folmer judgment, and the prisoner was again sentenced to one year's imprisonment from that date; and the return of the marshal to the writ of habeas corpus showed that it was under this latter judgment that he held the prisoner. It was conceded that all this was during the same term at which his trial took place before the jury. A second writ of habeas corpus, issued by the circuit judge, was returned into the Circuit Court, when the two district judges sat with him on the hearing, and the writ was discharged and the petitioner remanded to the custody of the marshal.' Mr. H. H. Arnoux, in support of the discharge, made a full citation of cases, as well the British and Irish as our own, on the power of courts over their own judgments; certain of the cases denying all right to change the judgment after once enrolled; and made, further, an elaborate argument to prove that whatever its general power in the matter might be, the court in this case having imposed fine and imprisonment, and the fine having been paid, it could not, even during the term, modify the judgment as it had sought to do.
 "Ex Parte Lange" by United States Supreme Court # Book PDF Kindle ePub Free){kind=link}