United States v. Peeke

Citations

• 153 F. 166
• 12 L.R.A.N.S. 314
• 1907 U.S. App. LEXIS 4395
• 12 L.R.A (N.S.) 314

Syllabus

<p>Cbiminai. Daw — Excessive Sentence — Conviction on Different Counts.</p> <p>Where a defendant has been convicted on different counts of an indictment charging separate offenses under the same statute, the court may impose separate and cumulative sentences upon the several counts, but a single sentence for a term longer than is authorized by the statute for one offense is void to the extent of the excess, and another court cannot cure the defect by apportioning the term upon the different counts, but after serving the lawful part of the term the prisoner may be discharged on a writ of habeas corpus.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Daw, §§ 3285, 3298-3300; vol. 25, Habeas Corpus, § 23.</p> <p>Power of court to revise sentence, see note to Nichols v. United States, 46 C. C. A. 412.]</p>