Commonwealth v. Murphy
Massachusetts Supreme Judicial Court
Indictment for embezzlement. After a reversal of the defendant’s sentence upon a writ of error, reported 172 Mass. 264, the case was remanded to the Superior Court, and he was resentenced in that court by Sherman, J., who allowed exceptions, which appear in the opinion.
1Opinion of the CourtMorton, J.
The defendant in this case was the plaintiff in error in the case of Murphy v. Commonwealth, 172 Mass. 264. In *370that case it was held that the statute under which he was sentenced was unconstitutional so far as it related to past offences, and the sentence which had been imposed was reversed and the case remanded to the Superior Court, under Pub. St. c. 187, § 13, for sentence according to the law as it was when the offence was committed and before the statute under which he was sentenced took effect. The defendant was brought before the Superior Court on January 7, 1899, pursuant to that…
2Cases cited21 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Ex Parte LangeSupreme Court of the United States · 1874
- In Re BonnerSupreme Court of the United States · 1894
- Moore v. MissouriSupreme Court of the United States · 1895
- Coleman v. TennesseeSupreme Court of the United States · 1879
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3Cited by21 opinions
- Commonwealth v. ConroyMassachusetts Supreme Judicial Court · 1956
- Commonwealth v. NovickiMassachusetts Supreme Judicial Court · 1949
- State Ex Rel. Lopez v. KilligrewIndiana Supreme Court · 1931
- Lewis v. CommonwealthMassachusetts Supreme Judicial Court · 1952
- District Attorney for the N. Dist. v. Superior CourtMassachusetts Supreme Judicial Court · 1961
16 more not listed; retrieve them via the Exa API.