People v. Smith
New York Supreme Court
Appeal from court of oyer and terminer, Kings county. William J. Smith was indicted for murder in the first degree, and pleaded guilty of manslaughter in the second degree, and was sentenced to the penitentiary for a term of 10 years. He now applies for writ of habeas corpus, alleging that his imprisonment was illegal. The writ was dismissed, and he appeals. Affirmed.
1Opinion of the CourtPratt, J.
There is no merit in the contention urged by. the appellant. Section 35 of the Penal Code provides as follows: “Upon the trial of an indictment the prisoner may be convicted of the crime charged therein, or of a lesser degree of the same crime, or an *913attempt to commit the crime so charged, or an attempt to commit a lesser degree of the same crime.” This section speaks for itself. Section 332, Code Or. Proc., provides that no conviction shall be had upon a plea in cases where the crime is punishable by death or state prison for life. The appellant was not convicted of any such crime, but of…
2Cited by12 opinions
- Baltimore Retail Liquor Package Stores Ass'n v. Board of License CommissionersCourt of Appeals of Maryland · 1937
- Ex Parte GoodrichCalifornia Supreme Court · 1911
- Hollibaugh v. HehnWyoming Supreme Court · 1905
- Bagg v. WickizerCalifornia Court of Appeal · 1935
- State v. MorrisonIndiana Supreme Court · 1905
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