Commonwealth v. Fetterman
Superior Court of Pennsylvania
Appeal, No. 126, Oct. T., 1904, by defendant, from judgment of Q. S. Berks Co., Sept. T., 1903, No. 96, on verdict of guilty in case of Commonwealth v. Wolf Fetterman. Indictment for obtaining money by false pretenses.
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Appeal, No. 126, Oct. T., 1904, by defendant, from judgment of Q. S. Berks Co., Sept. T., 1903, No. 96, on verdict of guilty in case of Commonwealth v. Wolf Fetterman. Indictment for obtaining money by false pretenses. The jury returned a verdict of guilty upon which the court passed the following sentence : And now to wit: December 14, the defendant is sentenced to pay a fine of $15.00 to the commonwealth for the use of the county of Berks, that he restore the property obtained to its owner, or pay the like value thereof, if not already done so, that he undergo an imprisonment in the Eastern…
1Opinion of the Court
Opinion by
Smith, J.,
In prescribing the punishment, on conviction of crime, in the oyer and terminer and quarter sessions, our penal statutes direct, in some cases, simple “ imprisonment,” and in others, “separate or solitary confinement at labor.” The distinction between these penalties should receive careful attention in passing sentence.
As to the place of confinement, in some instances the county jail is specifically fixed by the statute prescribing the punishment ; in others, the penitentiary, or the state prison. As a *571general direction, section 74 of the code of penal procedure of March…
2Cases cited3 opinions
- Beale v. CommonwealthSupreme Court of Pennsylvania · 1855
- Pittsburgh, Virginia & Charleston Railway Co. v. CommonwealthSupreme Court of Pennsylvania · 1882
- Clellans v. CommonwealthSupreme Court of Pennsylvania · 1848
3Cited by17 opinions
- Commonwealth v. DownerSuperior Court of Pennsylvania · 1947
- In Re WolfsonCalifornia Supreme Court · 1947
- Commonwealth v. CamwellSuperior Court of Pennsylvania · 1926
- Commonwealth v. McMillanSupreme Court of Pennsylvania · 1988
- Com. of Pa. v. ArbachSuperior Court of Pennsylvania · 1934
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