131 U.S. 176· 5/13/1889

Nielsen

Syllabus

<p>Where a court is without authority to pass a particular sentence, such sentence is void, and the defendant imprisoned under it may be discharged on habeas corpus.</p> <p>A judgment in a criminal case denying to the prisoner a constitutional right, or inflicting an unconstitutional penalty, is void, and he may be discharged on habeas corpus.</p>

Judges: Bradley

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