Oliver v. Oliver
Massachusetts Supreme Judicial Court
Libel eor divorce, filed October 16,1896, upon the ground that the libellee had been sentenced to confinement at hard labor for five years or more in the state prison.
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Libel eor divorce, filed October 16,1896, upon the ground that the libellee had been sentenced to confinement at hard labor for five years or more in the state prison. Trial in the Superior Court, before Hardy, J., who found that on July 2, 1896, the libellee was convicted of the crime of breaking and entering a dwelling-house with the intent to commit larceny therein, and was thereupon sentenced by a judge of the Superior Court to confinement at hard labor in the Massachusetts state prison for not more than six years nor less than three years, and was thereupon confined in said prison…
1Opinion of the CourtKnowlton, J.
A sentence of a married person to confinement at hard labor for life, or for five years or more in the state prison, or in a jail or house of correction, is made a ground for obtaining a divorce in favor of the husband or wife of the person so sentenced. Pub. Sts. c. 146, § 2. Prior to the passage of St. 1895, c. 504, there was hardly a possibility of question in regard to the length of the time for which sentence was imposed. The first section of this statute is as follows: “ When a convict is sentenced to the state prison, otherwise than for life, or as an habitual criminal, the court…
2Cited by16 opinions
- Anderson v. AlexanderOregon Supreme Court · 1951
- Murphy v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- In re Conditional Discharge of ConvictsSupreme Court of Vermont · 1901
- Wilson v. CommonwealthCourt of Appeals of Kentucky · 1910
- State ex rel. Petcoff v. ReedSupreme Court of Minnesota · 1917
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