Daniels v. Commonwealth
Supreme Court of Pennsylvania
In error from the Quarter Sessions of Philadelphia. Peb. 12. The plaintiff in error was convicted of obtaining goods under false pretences under the act of 1842, sec. 21. The sentence was fine and imprisonment in the county prison at hard labour for nine months. The error assigned was in the sentence to hard labour, it not being provided for in the act.
1Opinion of the CourtRogers, J.
The 21st section of the act of the 12th July, 1842, directs, that every person convicted of fraud as therein prescribed, shall be imprisoned in the penitentiary or in the county jail, at the discretion of the court, not exceeding one year, or by fine, not exceeding three times the value of the money, or property, or other thing so obtained; or by both fine and imprisonment. To the punishment awarded by the act there is superadded, in- the sentence, “hard labour,” which, as the defendant contends, is not warranted by the statute. That there may be imprisonment without labour, is a proposition…
2Cases cited1 opinion
- Krœmer v. CommonwealthSupreme Court of Pennsylvania · 1811
3Cited by7 opinions
- Commonwealth. v. GarramoneSupreme Court of Pennsylvania · 1932
- Commonwealth v. SterlingSupreme Court of Pennsylvania · 1933
- Commonwealth v. BargeSuperior Court of Pennsylvania · 1899
- Arnold v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Sumption v. RogersSupreme Court of Pennsylvania · 1913
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