State Ex Rel. Buckley v. Drew
Supreme Court of New Hampshire
TTareas Corpus. The writ was issued in each case, and the petitioners were brought before the court at the April term, 1909. Upon hearing, the court (Plummer, J.) ordered the petitioners remanded. Exceptions to the order were allowed, and the petitioners admitted to bail pending their determination. At the April term, 1908, of the superior court, both petitioners were indicted for violating section 15, chapter 112, Public Statutes.
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TTareas Corpus. The writ was issued in each case, and the petitioners were brought before the court at the April term, 1909. Upon hearing, the court (Plummer, J.) ordered the petitioners remanded. Exceptions to the order were allowed, and the petitioners admitted to bail pending their determination. At the April term, 1908, of the superior court, both petitioners were indicted for violating section 15, chapter 112, Public Statutes. The county solicitor agreed that if they would plead guilty that part of the sentences which required their imprisonment might be suspended. The court so far…
1Opinion of the CourtYoung, J.
The petitioners contend that, notwithstanding the court may have common-law jurisdiction to suspend sentences in some cases (4 Bl. Com. 394), it cannot legally suspend either the imposition or the execution of a sentence for an indefinite time. Although that may be the law in some states, it is not the view which obtains here; for this court holds that it may at the request of the defendant suspend either the imposition (Philpot v. State, 65 N. H. 250) or the execution of a sentence (Sylvester v. State, 65 N. H. 193), for either a definite (Ex parte Howard, 17 N. H. 545) or an indefinite…
2Cases cited1 opinion
- Dolan's CaseMassachusetts Supreme Judicial Court · 1869
3Cited by21 opinions
- Munic. Court v. State, Ex Rel.Ohio Supreme Court · 1933
- Miner v. United StatesCourt of Appeals for the Third Circuit · 1917
- Morgan v. AdamsCourt of Appeals for the Eighth Circuit · 1915
- State v. DeanSupreme Court of New Hampshire · 1975
- Mintie v. BiddleCourt of Appeals for the Eighth Circuit · 1926
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