In Re Snow

Citations

• 120 U.S. 274
• 7 S. Ct. 556
• 30 L. Ed. 658
• 1887 U.S. LEXIS 1974

Syllabus

<p>Where a District Court in the Territory of Utah refuses to issue a writ of habeas corpus involving the question of personal freedom, an appeal lies tp this court from its order and judgment of refusal.</p> <p>The-offence of cohabiting with more than one woman, created by § 3 of the act of Congress of March 22, 1882, c. 47, 22 Stat. 31, is a continuous offénce, and not one consisting of an isolated act.</p> <p>S. was convicted separately in a District Court of the Territory of Utah, on three indictments under that section, covering together a continuous period of time, each covering a different part, but the three .parts being continuous, the indictments being found at the same time, by the same grand jury, on one oath and one examination, of the same witnesses, covering the whole continuous time. One judgment was-entered on the three convictions. It first imposed a term of imprisonment and a fine. It next imposed two further successive -terms of imprisonment, each to begin at the expiration of the last preceding sentence and judgment, with two further fines. It set forth the time embraced by each indictment and specified each of the three punishments as being imposed in respect of a specified one of the indictments. On a petition to a District Court of the Territory, by the defendant, for a writ-of habeas corpus, setting forth that he had been imprisoned under the judgment for more than the term first imposed, and had paid the fine first imposed, and that the other two punishments were in excess of the authority of the trial court, the writ was refused. On appeal to this court; Held,</p> <p>(1) There was but one entire offence for the continuous time.</p> <p>(2) The trial court had no jurisdiction to inflict a punishment in respect of more than one of the convictions.</p> <p>■ (3) As the want of jurisdiction appeared on the face of the proceedings, ' the defendant could be released from imprisonment on a habeas corpus. (4) The order and judgment of the court belo