The sun. [volume] (New York [N.Y.]) 1833-1916, 1912-05-11
the silen, prisoner guilty Of the offence


Justice Miller saws.
II is startling proposition that state
ments made III the desire to secure clrmcnrv
10y q per,on convicted Of crime, whether
verdict or n plea. can have the ehcct
VullifNing u conviction or constitute
ground for u discharge ON habeas corpus.
possibly after the death or disappearance
~ necessary witnesses to prove the offence
charged. Every Judge ot any experience
~ the administration of criminal law knows
that such statements cannot Ss n rule he
relied upon. and surely the Judge IN this
case was not bound to accept NJ its face
value the statement Of the prisoner that
he found the basement gate. the ash hoist
aud the cellar door Of n New York city dwell
ing conveniently open in the night time
FOR him to enter without being technically
guilty Of burglary.
Even upon the prisoners own statement
the manner in which he entered the house
meets the statutory definition ot breaking
" is not Indispensable to the conviction
al burglary of person who in the night
time. without invitation. right or lawful
occasion. enters another'- dwelling and
therein commits n crime that Witness
should he produced who saw the unlawful
entry.
Justice Miller SAYS that the record Of
tho Brandt case "discloscs no error or
irrcguary which would Justify the
M n..t' W. =" Wv. 'o,'r eV'n ~"
-. ~ wi - ''' - J"rN
,c.is;,v ,n , yv,;. Of h,I,,,. ,,r,,,s Il;
ronfinod wi,hi, rarrou,r l;,,;ts anc IN
This rase might have been dspoSad of on
tho bar" statement that the court had
jurisdiction Of the defendant and Of the
subject matter. the offence which is
conceded. and that the unconl reverted
evidence hills bnH that h.,
was convicted upon his plea of guilty
"nu that mo court WIS therefore ON.
lo~-'ed 70 pronounce sentence ana
nE i'", ,E''1u'' , -,
,ros.o,', -; u'so'oI'" W"
nalnohl, 60 l. La,,v,s,,I .. Wv, ,u. i, u
moi cops,da, tha,n n, L,L,a. ,,.,r,,,,s .
saws Irs,;ro Nillo, rha ,n,,,, az IN,
thia occe sion srnms 10 ren,,ire a res, a..
n!!ent of authorities in support of princi-
rles which have becom" elementary"
and says that the sole function of the
writ Of hahea corpus is TO relieve from
unlawful Imprisonment. u has never
been writ of review and the sole inquiry
upon il - whether the Judgment hv
virtue of which the prisoner is detained
Justice Miller concludes:
Where i, arr.ar. ,ha, III. r,is,,er !.
de,sirad bv ,,r,u. or or.I ,,',,.,, -,
a co,,r, -, comro,a,,, i',i",i,a, '', @ ,,
a, ,h. ,,lno ,'s ~ i.''.',t w" 'ne 'o''
.u7 n"'Nt naS II" ALTERNATIVE oU' 70 re
"."nu Wv. p,i>o"'r "nieS- " appears a'nfm'
""NeN 'ha' 'h'ie was an ntt"r "an' ~
power or jurisdiction 7" render the judg
ment. Every presumption must he in
duiged in support Of the Judgment trro,
or tho abuse of discretion in tho exercis,
Of jurisdiction does not constitute the
wan, of jurisdiction. Though /, i. no,
necessary tn cite authority in sumner, NJ
such familiar r,les we rs,sr 10 ~ mos
recent dac;sions nf ~. ,en,,r, y, 'n.,. m
in ,h,s So. W. NSeean
,,'s S."'. anu W '"s n'''u ",a'e'
supreme court on IN" s"plcc'' We nave
"o.hihs 'o u" WIN 'he sentence eAcept u
uetermine whether II "as IN excess Of thu
courts power. Burglary in the first degree
is punishable hv imprisonment in n State
prison for not less than ten wears and ma,
ne punished bv risonment for Hf.
Tho co,rt accord;pclv romords pr.,,,,
to tha cus,ody ~ Win x go, -, S,;,,
ion nr;.on VI N''''
In his ,;,,o,, p,s;d;u
I,st;co Ircrahau, s,,,S ,h,, ~ n,s
control,;n" fsn. ,i,.s pr.na. Wv, - I.,' n
,a;ncd ,md.r q 6nal ;',I I.,,an, or 80,
"s n,,,,no,.,,, ;,,rsa,,;ss;.As, , =, u' '
tact anroarad =, n.y. , Az" ""en .na
nrI,ceod;rn ,ho wr;, "a "o.,J ~ Nv
nurnosa s,d a,r rrooon%;,, '.m
,h.t "a ,o,r, "' '" ..t"H
~ sno,her o,d ,,r"r L;. I"'''.,'' M