People v. Redwine

I respectfully dissent. This was not the first conviction of defendant after enactment of the statute permitting indeterminate sentencing. 1927 PA 175 grants to circuit judges the basic authority to sentence but restricts the penalty so that it will not be greater *86than the penalty prescribed by law (Ch IX, § 1). MCLA 769.1; MSA 28.1072. A further limitation is placed on that general authority by Ch IX, § 8, 1927 PA 175 (MCLA 769.8; MSA 28.1080), which provides:

"When any person shall hereafter be convicted for the ñrst time of crime committed after this act takes effect * * * the court…