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

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Cited by

405 cases in this archive cite this case; the 20 most cited are listed.

Cites

4 cases in this archive are cited by this case.

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