West's Case
Massachusetts Supreme Judicial Court
Habeas corpus to the warden of the state prison, issued August 5,1873. At the hearing before Morton, J., the following facts appeared: The prisoner was sentenced, on December 15, 1865, to the state prison for four years and a half. On November 30, 1867, he received a pardon “ on condition that if he be convicted of any crime sentencing him to the jail, house of correction or state prison, he serve the remaining part of the sentence above stated.”
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Habeas corpus to the warden of the state prison, issued August 5,1873. At the hearing before Morton, J., the following facts appeared: The prisoner was sentenced, on December 15, 1865, to the state prison for four years and a half. On November 30, 1867, he received a pardon “ on condition that if he be convicted of any crime sentencing him to the jail, house of correction or state prison, he serve the remaining part of the sentence above stated.” On October 22, 1869, he was convicted of larceny committed since the pardon, and was sentenced to the state prison for four years. On November 9,…
1Opinion of the CourtGbay, J.
Neither of the sentences passed by the court upon this prisoner directed the imprisonment under it to begin after any other sentence, or at any future time. In fact, he was not at the time of the passing of either sentence undergoing any other sentence; for when the first sentence was passed, he does not appear to have been previously sentenced at all; and at the time of the passing of the second sentence he had been released from the first sentence by the pardon of the executive. Each sentence therefore took effect immediately after it was passed.
The first sentence, having been to…
2Cited by6 opinions
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- Kennedy's CaseMassachusetts Supreme Judicial Court · 1883
- StearnsMassachusetts Supreme Judicial Court · 1961
- Conlon's CaseMassachusetts Supreme Judicial Court · 1889
- Harding v. State Board of ParoleMassachusetts Supreme Judicial Court · 1940
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