People v. Kelley
Michigan Supreme Court
•Error to Van Burén. (Buck, J.) Respondents were convicted of burglary on their plea of guilty, and sentenced to State prison for the term of three years and six months, and remanded to jail to await the execution of such sentence; after which they broke jail, and were recaptured, whereupon the sentence was vacated and a heavier one imposed, which is set aside, and the original one stands in full force.
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•Error to Van Burén. (Buck, J.) Respondents were convicted of burglary on their plea of guilty, and sentenced to State prison for the term of three years and six months, and remanded to jail to await the execution of such sentence; after which they broke jail, and were recaptured, whereupon the sentence was vacated and a heavier one imposed, which is set aside, and the original one stands in full force. The facts are stated in the opinion, and in the above statement of the case.
1Opinion of the CourtGrant, J.
The defendants pleaded guilty to an information for burglary. On January 16, A. D. 1888, they were sentenced to the State prison at Jackson for the period of three years and six months. On January 19, 1888, the court set aside that sentence, and imposed, a sentence of five years.
This case is governed by the case of People v. Meservey, 76 Mich. 223 (42 N. W. Rep. 1133), wherein the facts were substantially the same. The first sentence must therefore stand in each case.
The order of the circuit court made on January 19, A. D. 1888, is annulled and set aside, and also the order of the same date…
2Cases cited1 opinion
- People v. MeserveyMichigan Supreme Court · 1889
3Cited by17 opinions
- People v. FoxMichigan Supreme Court · 1945
- People v. FarrellMichigan Supreme Court · 1906
- McGinn v. StateNebraska Supreme Court · 1895
- Moore v. Parole BoardMichigan Supreme Court · 1967
- Rutland v. StateCourt of Appeals of Georgia · 1914
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