Grundel v. People
Supreme Court of Colorado
Error to the District Court of Lake County: Hon. Frank W. Oivers, Judge. In June, 1900, an information was filed against plaintiffs in error, charging them with the crime of gambling. Thereafter, at the same term, they pleaded guilty, and at their request, sentence was deferred until the first day of 'the August term succeeding, and they were released on their own recognizance until that date.
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Error to the District Court of Lake County: Hon. Frank W. Oivers, Judge. In June, 1900, an information was filed against plaintiffs in error, charging them with the crime of gambling. Thereafter, at the same term, they pleaded guilty, and at their request, sentence was deferred until the first day of 'the August term succeeding, and they were released on their own recognizance until that date. At the August term, the record recites, in substance, that they appeared, and upon their motion and request, further proceedings were stayed upon payment of costs until the district attorney moved for…
1Opinion of the Court
Chiee Justice Gabbert
delivered the opinion of the court.
In the absence of a permissive statute, the indefinite postponement of sentence upon one convicted of crime deprives the court of jurisdiction to pronounce sentence at a subsequent term. Such postponement is, in effect, a discharge of the prisoner, and therefore ousts the court after the expiration of the term of further authority over him. — People v. Allen, 155 Ill. 61; Commonwealth v. Maloney, 145 Mass. 205; 25 Enc. Law (2d ed.), 314; In re Flint (Utah), 71 Pac. 531; Weaver v. People, 33 Mich. 296; People v. Barrett, 202 Ill. 287; U.…
2Cases cited6 opinions
- People ex rel. Boenert v. BarrettIllinois Supreme Court · 1903
- People ex rel. Smith v. AllenIllinois Supreme Court · 1895
- United States v. WilsonU.S. Circuit Court for the District of Idaho · 1891
- Commonwealth v. MaloneyMassachusetts Supreme Judicial Court · 1887
- In re FlintUtah Supreme Court · 1903
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3Cited by36 opinions
- Ex Parte United StatesSupreme Court of the United States · 1916
- United States v. William John YehlingCourt of Appeals for the Tenth Circuit · 2006
- State ex rel. Dawson v. SappSupreme Court of Kansas · 1912
- Warner v. StateIndiana Supreme Court · 1924
- State v. Lee LimUtah Supreme Court · 1932
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