State v. Smith

Has the respondent, in contemplation of law, completed the service of the sentence imposed in the Jackson County Superior Court on his plea of guilty to the charge of assault with a deadly weapon; or, stated differently, did that sentence and the sentence he was then serving in the State prison for larceny run concurrently? This is the question posed for decision.

The respondent stressfully contends that the provision in the judgment last pronounced that said sentence was “to take effect at the expiration of the sentence the defendant is now serving in the State Prison” is ambiguous and too…