Stevens v. Commonwealth

In the first of these cases, it appears by the record that the prisoner was convicted of simple larceny, at the January term of the municipal court, 1839, and that the value of the property stolen by him was more than $ 100. Upon this he was sentenced to two years’ hard labor and three days’ solitary imprisonment in the house of correction. The error assigned is, that the sentence to three days’ solitary imprisonment is not warranted by law"; and generally, that the judgment is erroneous and void.

The ground taken in behalf of the prisoner is, that by the Rev. Sts. c. 126, § 17, it is provided…