Hans Nielsen, Petitioner
131 U.S. 176 (1889)

Annotate this Case

U.S. Supreme Court

Hans Nielsen, Petitioner, 131 U.S. 176 (1889)

Hans Nielsen, Petitioner

No. 1527

Argued April 19, 22, 1889

Decided May 13, 1889

131 U.S. 176

APPEAL FROM THE FIRST JUDICIAL DISTRICT

COURT OF THE TERRITORY OF UTAH

Syllabus

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.

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.

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