Ex parte Henry
Decision Date | 21 November 1887 |
Parties | Ex parte HENRY |
Court | U.S. Supreme Court |
Petition for a Writ of Habeas Corpus.
Isaac M. Bryan, for motion.
No counsel in opposition.
This is a motion for a rule to show cause why a writ of habeas corpus should not issue as prayed for. The case made by the petition is this:
Section 5480 of the Revised Statutes is as follows:
Henry, the petitioner, was indicted in the district court of the United States for the western district of South Carolina, on the eleventh of September, 1886, for a violation of this statute. The indictment charged three separate and distinct offenses, all alleged to have been committed within the same six calendar months. Under this indictment he was tried, convicted, and sentenced to imprisonment in the South Carolina penitentiary at Columbia for the term of 12 months. Afterwards, at the same term of the court, but on a different day, he was indicted for three other and different offenses, under the same statute, committed within the same six calendar months. To this indictment he pleaded his conviction upon the first indictment in bar. This plea was overruled, and upon a trial he was convicted, and sentenced to imprisonment in the Albany penitentiary, New York, for the term of 15 months, upon the termination of his...
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