Evening star., 1897-05-07
BURkEs SENTENCE IS VALID.
Judge Bradley's Decision of n Novel
Point of Law.

Judge Bradley's Decision of n Novel
Point of Law.
Judge Bradley this morning disposed of
the application of Michael Burke for re-
lease from the workhouse, where he is
serving a sentence for second offense of
selling liquor without license. The JUS
tice denied the mans petition, holding that
the sentence while an erroneous one, is,
nevertheless, valid.
Burke, as heretofore stated in The Star
was convicted in the Police Court last
month. The Information filed against him
there charged him with a second viola ton,
and Judge Kimball senteI ced him under a
first offense, making the penalty $500 or
40 days in the workhouse In default. He
failed to pay and went down. Yesterday
his attorney, Mr.. NJ. NJ. Holland, filed a
petition for his release from the work.
house on habeas corpus proceedings, claim
ing that Burke was convicted of second
offense. and that. as the statutes provide
both fine and Imprisonment as punishment
for second viola ton of the law, the impo-
sition of a fine only was an arbitrary, un-
lawful and unauthorized sentence, one be-
yond the power of the court to impose.
At the hearing before Judge Bradley this
morning, Mr.. Holland briefly argued that
the sentence imposed on Burke by Judge
Kimball was void one, and that his
client should, therefore, be discharged from
custody.
The District was represented by Assist
ant Attorneys Mason N. Richardson and
James L. Pugh, jr. Mr.. Richardson SUBJ
mitted that the Police Court had jurisdic-
ton Of the offense and of the accused, and
that If the lower court erred that Ques-
ton could not be raised in habeas corpus
proceedings. Mr.. Richardson also called
attention to the fact that the mans coun-
sci had in the Police Court submitted to
its Jurisdiction, promising that If only a
Am Hyas n
test the matter no further.
While the sentence was. said Mr.. Richard
son, erroneous 1t was not void one. and
the man should not complain of the court 9
leniency. His petition should, therefore, be
denied.
Judge Bradley said that Burke was con-
victed on an information containing two
counts. one charging a first offense and
the other a second offense, and the YER
dict was general one. Unquestionably
the judge inadvertently imposed an err
roneous sentence, but 1t cannot be held
under habeas corpus proceedings that the
sentence was O void one.
The Police Court undoubtedly had juris-
diction of the offense. and Of the person
accused. the justice said, and valid ver-
dict having been rendered. the sentence,
although an erroneous one, Is valid one.
The prisoners complaint, in fact, is that
the Police Court did not give him all the
law required.
"The Police Court" remarked Judge
Bradley, did not give him enough, and 1t
is pity that 1t did not, so that his re-
peated violation of the law could not have
been made harder for him and mis- amuse-
ment in that kind Of thing stopped. There
is no doubt that the defendant could, If the
term Of the Police Court had not expired
meantime. be taken back to the court end
severer sentence imposed. The court
had jurisdiction and the sentence Is valid
one" said Judge Bradley. in conclusion,
'and the writ will be dismissed and the
petitioner rem anded to the workhouse to
complete his term of imprisonment