Nielsen
Citations
- 131 U.S. 176
- 9 S. Ct. 672
- 33 L. Ed. 118
- 1889 U.S. LEXIS 1812
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>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding a double jeopardy violation based on a conviction of both unlawful cohabitation and its lesser-included offense of adultery
- finding a double jeopardy violation based on a conviction of both unlawful cohabitation and its lesser-included offense of adultery
- sexual intercourse \was the integral part of the adultery charged in the second indictment\
- conviction of cohabitation with two wives found to bar subsequent trial on charge of adultery with one of the wives
- prosecution on successive indictments barred where second prosecution does not require proof of additional significant facts
- a conviction of a greater-inclusive crime bars a subsequent prosecution of a lesser-included one
Source: CourtListener parenthetical corpus (CC0).
Judges: Bradley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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