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IN RE BONNER

No. 8. Original.

151 U.S. 242 (1894)

In re BONNER, Petitioner.

Supreme Court of United States.

Decided January 15, 1894.

Attorney(s) appearing for the Case

Mr. John C. Chaney, (with whom was Mr. William J. Rannells on the brief,) for petitioner.

Mr. Solicitor General opposing.

I. An excessive sentence upon a lawful conviction is not absolutely void, so as to entitle the prisoner to be discharged on habeas corpus.

It is true that in the case of Mills, 135 U.S. 263, 270, the petitioner was discharged on habeas corpus because he had been sentenced to imprisonment in a penitentiary instead of in a jail, upon the ground, as stated by Mr. Justice Harlan delivering the opinion of the court,...

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