State v. Carte

The opinion of the court was delivered by

Hoch, J.:

We are asked to determine whether, under the facts presently to be stated, a trial court, after sentencing a defendant on three separate cpunts in an information had the power, during the term at which the sentence was imposed and after the defendant had begun serving the sentence, to reduce the sentence by setting aside and vacating the sentences as to the second and third counts. The appeal is by the state from the attempted exercise of such power.

On October 11, 1942, a car driven by the appellee, Mrs. Carte, struck another car at a highway…