State v. Shilinsky

The defendant’s “propositions” (which we take to mean “errors”) relied upon for reversal are three in number. As stated, they are first, that the court erred in denying his motion to set aside the verdict and grant a new trial; second, that the court erred in giving Instruction No. 4; and third, that there was error in the action of the court in first sentencing defendant to a term in the county jail, and then recalling him' two days later and sentencing him to an indeterminate period in the state penitentiary. We shall discuss these in order.

I. An understanding of the question raised by the…