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IN RE GRAHAM

No. 1332.

138 U.S. 461 (1891)

11 S.Ct. 363

34 L.Ed. 1051

In re GRAHAM, Petitioner.

Supreme Court of United States.

Decided March 2, 1891.

Attorney(s) appearing for the Case

Mr. Rublee A. Cole began argument for the petitioner; but, on the statement of the case, the court declined to hear further argument.

Mr. J.L. O'Connor, Attorney General of the State of Wisconsin, and Mr. Robert M. La Follette filed a brief in opposition.

MR. JUSTICE FIELD, after stating the case, delivered the opinion of the court.

It is undoubtedly the general rule that a judgment rendered by a court in a criminal case must conform strictly to the statute, and that any variation from its provisions, either in the character or the extent of punishment inflicted, renders the judgment absolutely void; but it seems that under the law of Wisconsin a judgment in a criminal case which merely exceeds in the time of punishment...

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