Gozovich v. Sullivan
District Court, D. Alaska
1Opinion of the Court
RITCHIE, ’District Judge.
Authority can be found for any decision the court could give in this case, between one wholly for the petitioner or one wholly for the defendant. I think the great weight of authority is in favor of the power of a court of record to impose cumulative or successive sentences, when the statute is silent on the subject. 1 Bish. Crim. Law, § 953; 16 C. J. pp. 1306-1370, and cases cited. If there is a statute, it must be followed strictly. There is much conflict in the authorities, but I am satisfied that in the absence of • statute a court of record has the power stated.
Th…
2Cases cited5 opinions
- In Re BonnerSupreme Court of the United States · 1894
- Harlan v. McGourinSupreme Court of the United States · 1910
- Millich v. United StatesCourt of Appeals for the Ninth Circuit · 1922
- United States v. BozaravitchDistrict Court, D. Alaska · 1910
- O'Neill v. JordanDistrict Court, D. Alaska · 1914
3Cited by4 opinions
- Landreth v. GladdenOregon Supreme Court · 1958
- State v. PeteAlaska Supreme Court · 1966
- Olsen v. ToddDistrict Court, D. Alaska · 1935
- State v. PeteAlaska Supreme Court · 1966