Commonwealth v. Weymouth
Massachusetts Supreme Judicial Court
Habeas corpus. It appeared by the record that the prisoner, after a plea of guilty to an indictment for larceny in a building, was sentenced in the superior court on the 18th of February 1861, by Putnam,, J., to be punished by confinement in the house of correction for two years; and, on the same day, after the issue of the warrant by virtue of which he was ordered to be committed to the house of correction, but before the service or execution thereof, upon motion of the…
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Habeas corpus. It appeared by the record that the prisoner, after a plea of guilty to an indictment for larceny in a building, was sentenced in the superior court on the 18th of February 1861, by Putnam,, J., to be punished by confinement in the house of correction for two years; and, on the same day, after the issue of the warrant by virtue of which he was ordered to be committed to the house of correction, but before the service or execution thereof, upon motion of the attorney for the Commonwealth, the court ordered that the execution of the warrant be stayed until a further hearing. On…
1Opinion of the CourtBigelow, C. J.
We are not called upon, in the present case, to express any opinion concerning the wisdom or expediency of the course adopted by the court below, in revising and changing a sentence which had been formally promulgated and pronounced on a convict. The presumption is that there were sufficient reasons, addressing themselves to the sound judicial discretion of the court, for such action, and that it was deemed to be necessary in furtherance of justice and the due administration of the law. The single question which we have to determine is, whether, upon the record as certified to us, there is…
2Cited by14 opinions
- United States v. DiFrancescoSupreme Court of the United States · 1980
- Stewart v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- State v. PallottiSupreme Court of Connecticut · 1934
- State v. McCoySupreme Court of Connecticut · 2019
- State v. PRIONUtah Supreme Court · 2012
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