People v. Morrisette
Court Of Oyer And Terminer New York
The prisoner was indicted for arson in the first degree, but the district attorney said he doubted whether he had sufficient evidence to convict him of arson in any degree, unless it was the fourth. The prisoner pleaded guilty of arson in the fourth degree, and threw himself upon the mercy of the court, and asked that sentence upon him be suspended, and that he be discharged from imprisonment.
1Opinion of the Court
Balcom, Justice,
gave his opinion in substance as follows: I am of the opinion the court does not possess the power to suspend sentence indefinitely in any case. As I understand the law, it is the duty of the court, unless application be made for a new trial, or a motion in arrest of judgment be made for some defect in the indictment, to pronounce judgment upon every prisoner convicted of crime by a jury, or who pleads guilty. An indefinite suspension of the sentence prescribed by law is a quasi pardon, provided the prisoner be discharged from imprisonment. No court in the state has any…
2Cited by16 opinions
- Neal v. StateSupreme Court of Georgia · 1898
- People ex rel. Boenert v. BarrettIllinois Supreme Court · 1903
- United States v. WilsonU.S. Circuit Court for the District of Idaho · 1891
- In re FlintUtah Supreme Court · 1903
- State ex rel. Gehrmann v. OsborneNew Jersey Court of Chancery · 1911
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