State ex rel. Brewster v. Piper

Citations

• 103 Kan. 794
• 176 P. 626
• 1918 Kan. LEXIS 386

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Justice op Peace — Jurisdiction—No Authority to Grant Paroles, or Remit Jail Sentence. A justice of the peace is without jurisdiction to grant a parole, and has no jurisdiction to remit a jail sentence, and such parole or remittance of jail sentence is a nullity.</p> <p>2. Habeas Corpus — Jurisdiction of Probate Court — Unexecuted Commitment. A probate judge is without jurisdiction in habeas corpus to discharge a petitioner from the custody of an officer who holds the petitioner by virtue of an unexecuted judgment and commitment issued by another court of competent jurisdiction.</p> <p>3. Same — Termination of Term of Commitment. The term of a commitment to. a county jail does not expire until the sentence of imprisonment recited in the commitment has been fully executed-.</p> <p>4. Criminal Law — Delay in Execution of Jail Sentence Not Unreasonable. Assuming, but without deciding, that an unreasonable delay in the execution of a judgment imposing a jail sentence will altogether relieve a convicted person from liability to serve such jail sentence, the circumstances of the present cases, where the jail sentences were imposed in February and the commitments were not issued until the following November, examined, and held that, while the lapse of time was unusual, it was not unreasonable, that the commitments should be executed, and that mandamus may issue to accomplish that purpose.</p> <p>5. Same — Original Sentence of Commitment Should be Executed — Writ of Mandamus Should Issue. Three persons pleaded guilty to violations of the prohibitory law before a justice of the peace, and were sentenced to jail and to pay fines and costs. Later the justice paroled the defendants and remitted the jail sentences when the fines and costs were paid. The justice of the peace resigned, and his successor issued commitments for their incarceration. The probate judge discharged them on writs of habeas corpus. Held, that the justice of the peace was