People ex rel. Clark v. Warden of Sing Sing Person
New York Supreme Court
The relator, Charles H. Clark, on March 27, 1902, in the Court of General Sessions, New York county, before Poster, J., pleaded guilty of the crime of assault in the second degree. He was thereupon sentenced to an indeterminate sentence of “not less than one year, nor more than five years,” in the State Prison at Sing Sing.
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The relator, Charles H. Clark, on March 27, 1902, in the Court of General Sessions, New York county, before Poster, J., pleaded guilty of the crime of assault in the second degree. He was thereupon sentenced to an indeterminate sentence of “not less than one year, nor more than five years,” in the State Prison at Sing Sing. This sentence was imposed in conformity with the first sentence of section 687a of the Penal Code, which was enacted by Laws of 1901, chapter 425, which took effect September 1, 1901. The second sentence of section 687a was enacted by Laws of 1902, chapter 282, and did not…
1Opinion of the CourtKeogh, J.
The defendant was convicted of assault in the second degree, and sentenced to imprisonment in the State prison for the term of not less than one nor more than five years. This sentence was imposed in compliance with the amendment of the Penal Code which directs that “ a person never before convicted of a crime punishable by imprisonment in the State prison, who is convicted of a felony, the maximum penalty for which, exclusive of fines, is imprisonment for five years or less, and sentenced to a State prison, shall be sentenced thereto under an indeterminate sentence, the minimum of which…
2Cases cited3 opinions
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- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1896
3Cited by12 opinions
- Story v. RivesCourt of Appeals for the D.C. Circuit · 1938
- People v. JoyceIllinois Supreme Court · 1910
- State v. DuffSupreme Court of Iowa · 1909
- People v. DudleyMichigan Supreme Court · 1912
- United States Ex Rel. Paladino v. Commissioner of ImmigrationCourt of Appeals for the Second Circuit · 1930
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