New York Court of Appeals
The People, Ex Rel. Henry Devoe v. . John Kelly
October 31, 188497 N.Y. 212
Summary
The Court affirmed the dismissal of the relator's habeas corpus petition, holding that although the conviction was valid, the sentence imposed was beyond the court of Sessions' authority and therefore void. The prisoner is not entitled to discharge but must be remanded so that a proper sentence may be imposed under law.