In re Nolan

Citations

• 68 Kan. 796
• 75 P. 1025
• 1904 Kan. LEXIS 178

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Criminal Law — Habeas Corpus— Sentence Not Void. The petitioner was tried upon an information which charged him with burglary in the second degree. He was found “guilty as charged in the information. ” Under such information he might properly have been found guilty of a degree less than the second. He was sentenced and committed by the court to the Industrial Reformatory for an indeterminate period, as provided by law, where he is now being held as though he had been specifically found guilty of burglary in the second degree and sentenced for a term as long as is permissible for that offense. Held, that while such sentence may be irregular it is not void, and its irregularity will not avail to procure petitioner’s discharge on a writ of habeas corpus from the commitment thereunder.</p>