In re Mason

• Decision Date: 11 April 1860
• Citation: 8 Mich. 70
• Court: Michigan Supreme Court
• Parties: In the matter of Charles Mason

8 Mich. 70

In the matter of Charles Mason

Supreme Court of Michigan

April 11, 1860

Heard April 10, 1860 [Syllabus Material]

Habeas corpus.

The petition set forth that petitioner, on August 27th, 1859, was convicted in the recorder's court, of Detroit, of larceny in a dwelling-house, and sentenced to the house of correction (now state reform school) until he should arrive at the age of twenty-one years; that he was taken to said house of correction in pursuance of said sentence, and remained there until March 10th, 1860; that on March 7th, 1860, the prosecuting attorney of Wayne filed an application in said recorder's court, setting forth the said conviction and sentence, and further setting forth, that at the time of said sentence petitioner was in fact of the age of twenty years and asking that an order or other proper process might issue from said recorder's court, to bring petitioner before such court, that his age might be inquired into and ascertained, in order that he might be again remanded to said house of correction, or sentenced to the state prison; that an order was made bye said court accordingly, in pursuance of which petitioner was taken from the house of correction, and committed to the Wayne county jail, where he is now confined awaiting the action of said recorder's court in sentencing him to the state prison. The petitioner further set forth that he was in fact twenty years of age at the time of said conviction; and he alleges the present confinement to be entirely illegal.

The writ having been issued as prayed, the sheriff of Wayne county returned thereto; that on March 8th, 1860, the following writ was issued by the recorder's court:

"To the superintendent of the state reform school, of the state of Michigan, greeting: In the name of the people of the state of Michigan, we command you, that you have the body of Charles Mason, by you imprisoned and detained, as it is said before the recorder's court of the city of Detroit, in the state of Michigan, on Monday, the nineteenth day of March, in the year of our Lord one thousand eight hundred and sixty, to do and receive what shall then and there by the said court be ordered and adjudged; and of this writ make due return. Witness the Honorable Henry A. Morrow, recorder of the city of Detroit, this eight day of March, in the year 1860.

"Henry Starkey.

"Clerk of the Recorder's Court."

[SEAL]

To which writ, Theodore Foster, superintendent and keeper of said state reform school, returned as his authority for retaining the petitioner, the conviction and sentence of the recorder's court set forth in the petition.

And the respondent further returned to the present writ that at the time of the service of the above writ on said Foster, respondent brought petitioner from said reform school, and now holds and detains him to await the action of said recorder's court.

C. E Eddie, and H. D. Terry, for petitioner, now moved for his discharge. They contended that the recorder's court could not issue a writ of habeas corpus, though the recorder might. And further, that the court having once passed sentence, had no power for any cause to bring the defendant before it for sentence anew. Under the statute, the fact of defendant's age is one to be determined judicially before sentence; and having been passed upon, is now res judicata, and can not be reviewed: 1 Park. Cr. R., 374; 8 Eng. 100. The original sentence was therefore valid, but under it, by the express provisions of the statute, petitioner could not be detained in the house of correction after he...