In re Krig

Citations

• 105 Kan. 695
• 185 P. 1044
• 1919 Kan. LEXIS 158

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Sentence — Fine and Imprisonment — Fine and Costs Paid — Imprisonment Postponed Indefinitely — Jurisdiction Lost — Commitment Illegal. A sentence of fine and imprisonment was pronounced against defendants by a justice of the peace under an arrangement with the prosecuting officer and the justice, in effect, that the fine, attorneys’ fees 'and costs should be paid by the defendants, and that the sentence of imprisonment would then be suspended at least ninety days, and might be indefinitely postponed, but if occasion should require their return or they should be recalled by the officers to serve the jail sentence, they would surrender themselves on request. After about eight months the petitioner was taken into custody on a commitment then issued. Held, in a habeas corpus proceeding, that the commitment was illegally issued, and the petitioner was entitled to a discharge-</p>