Couture v. Brown

Although in many jurisdictions the power of the-court to suspend execution of sentence 'has been denied as an infringement on the pardoning power of the executive, that doctrine-has never prevailed in this state. State v. Drew, 75 N. H. 402; Philpot v. State, 65 N. H. 250; Sylvester v. State, 65 N. H. 193.

The petitioner concedes that this is true, but contends that the-order relating to the issuance of the mittimus constitutes a deputation of judicial authority, and is therefore void. He also claims that-this question was not passed upon in State v. Drew, supra.

One of the specific grounds of…