Miller v. People

An information was filed charging plaintiff in error with the criminal offense of being an accessory after the fact. He pleaded guilty and was sentenced to a term in the penitentiary. Error is assigned on the theory that punishment by confinement other than in the jail of the proper county, may not legally be imposed, the basis of the contention being that since the statute fails to designate the offense as a felony, and is silent as to the place of incarceration, there was not warrant for the sentence pronounced. That view apparently is in accord with our previous holdings, and the attorney…