In re Lambrecht
Michigan Supreme Court
Habeas corpus proceedings by William J. Lambrecht to Petitioner was convicted October 26,1903, of an attempt to utter a forged instrument on July 10, 1903, and sentenced to the State prison for not less than 2$ and not more than 3 years, under Act No. 136 of the Public Acts of 1903, known as the “ Indeterminate Sentence Law.”
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Habeas corpus proceedings by William J. Lambrecht to Petitioner was convicted October 26,1903, of an attempt to utter a forged instrument on July 10, 1903, and sentenced to the State prison for not less than 2$ and not more than 3 years, under Act No. 136 of the Public Acts of 1903, known as the “ Indeterminate Sentence Law.” The act took effect September 16, 1903. The punishment for uttering a forged instrument is imprisonment in the State prison not more than 14 years, or in the county jail not more than 1 year. 3 Comp. Laws, § 11660. No express provision is made by statute for the…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. The attorney general conceded that the indeterminate sentence act, if retroactive, is unconstitutional and void in so far as it authorizes crimes committed before it took effect to be punished under it. This is obvious, for the punishment is increased, as the minimum punishment under the act is greater than that provided by section 11784, subd. 2, .3 Comp. Laws.
Is the act retroactive F The legislative intent must govern when it can be ascertained. “ It is a sound rule of construction that a statute should have a prospective operation only, unless its terms show…
2Cases cited10 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Murphy v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- In re LamphereMichigan Supreme Court · 1886
- People v. CummingsMichigan Supreme Court · 1891
- Common Council of Detroit v. RushMichigan Supreme Court · 1890
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3Cited by42 opinions
- Rockwell v. Crestwood School District Board of EducationMichigan Supreme Court · 1975
- Ocasio v. DíazSupreme Court of Puerto Rico · 1963
- Hemans v. United StatesCourt of Appeals for the Sixth Circuit · 1947
- People v. LowellMichigan Supreme Court · 1930
- Figueroa Fuentes v. DíazSupreme Court of Puerto Rico · 1953
37 more not listed; retrieve them via the Exa API.