Wagner v. United States

The form of sentence in this ca.se is:

“It is therefore ordered and adjudged that the said A. E. Wagner and Art Matthiesen each be imprisoned for the period of three (3) months, and that each pay a fine in the sum of five hundred ($500) dollars, or, in default of the payment thereof, defendant so in default be further imprisoned for the period of five (5) months.”

I concur in the foregoing opinion solely because of the construction there placed on the sentence before us. To avoid any future misunderstanding, however, I desire to say that the construction thus given is not the natural one, if,…