Ex parte Cox

Citations

• 3 Idaho 530
• 32 P. 197
• 3 Hasb. 530
• 1893 Ida. LEXIS 4

Syllabus

<p>Assault With Deadly Weapon Likely to Produce Great Bodily Harm. — The applicant, John P. Cox, was indicted for the crime of an assault with intent to murder, and was convicted of an assault with a deadly weapon likely to produce great bodily harm, and sentenced to confinement in the state prison for a term of five years.</p> <p>Excessive Punishment — Void Judgment. — Section 6732 of the Revised Statutes prescribes the punishment for the crime of which the applicant was convicted to he imprisonment for a term not exceeding two years, or fine of $5,000, or both such fine and imprisonment. The court sentenced the applicant to five years’ imprisonment. Held, that the judgment was not authorized by law and is void.</p> <p>Jurisdiction. — Jurisdiction to render the particular sentence imposed is as essential to its validity as jurisdiction of the person or subject matter.</p> <p>Habeas Corpus. — Application for writ of habeas corpus for release of applicant. Granted.</p> <p>(Syllabus by the court.j,</p>