In re Lamphere

The prisoner was convicted in 1877 of an assault with intent to murder, and sentenced to imprisonment for twelve years in the State prison. At the same term of court he was sentenced for larceny to a term of three years, “ from and after the expiration of the term of twelve years’ sentence this day imposed.” This latter sentence is said to have been imposed by the judge who tried him on the smaller charge, of which he was convicted some time before the greater conviction. This might have presented some difficulty if we were not satisfied that the second sentence was illegal on other grounds.…