People v. Felix
California Supreme Court
Appeal from the Municipal Criminal Court of the City and County of San Francisco. The defendant was convicted of burglary at the March Term of the Court, 1871. In September following—the third term after conviction—he was sentenced to imprisonment in the State Prison for three and a half years, and he appealed from the judgment. Kinley, for Appellant, argued that the statute requires sentence to be passed at the same term at which the verdict is rendered (Cr. Pr.
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Appeal from the Municipal Criminal Court of the City and County of San Francisco. The defendant was convicted of burglary at the March Term of the Court, 1871. In September following—the third term after conviction—he was sentenced to imprisonment in the State Prison for three and a half years, and he appealed from the judgment. Kinley, for Appellant, argued that the statute requires sentence to be passed at the same term at which the verdict is rendered (Cr. Pr. Act, Sec. 448); otherwise the Judge, by delaying the sentence.* could prolong the time indefinitely.
1Opinion of the Court
By the Court:
The only point made in this case questions the power of the Court to render a judgment of conviction at a term succeeding that at which the verdict is found.
The statute (Cr. Pr. Act, Sec. 447,) provides that after a plea or verdict of guilty, if the judgment be not arrested or a new trial granted, the Court shall appoint a time for pronouncing judgment. By the terms of the succeeding section it is provided that the time.- so appointed shall not be less than two days after the verdict, if the Court intend to remain in session so long as two days thereafter; if the Court intend to…
2Cited by12 opinions
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
- State v. . CrookSupreme Court of North Carolina · 1894
- People v. StokesCalifornia Court of Appeal · 1907
- State v. WatsonSupreme Court of Missouri · 1888
- State v. ChaconIdaho Supreme Court · 1922
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