State v. . Richardson

The only exception is to the judgment of the court. The defendant contends that upon a plea of guilty of involuntary manslaughter, which plea was accepted by the State, the court was without authority to impose any judgment in excess of two years imprisonment in the State Prison, the offense of involuntary manslaughter not being an infamous crime, therefore the sentence of imprisonment for seven years in the State Prison is unlawful.

Is a provision in a criminal statute “that the punishment shall be in the discretion of the Court and the defendant may be fined or imprisoned or both,” the…