Legal Opinion

Sylvester v. State

Supreme Court of New Hampshire

Decided June 5, 1889PublishedCited by 21 opinions

Petition, for a writ of certiorari. Facts agreed. September 3, 1887, Sylvester, being prosecuted in tbe police court of Little-ton for being a common seller of spirituous liquor, pleaded guilty, and was sentenced to pay a fine of $100 and costs, and to be committed to jail one day, with an agreement made by him and the complainant, and assented to by the court, that tbe sentence should not be enforced while be did not sell intoxicating liquor.

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Petition, for a writ of certiorari. Facts agreed. September 3, 1887, Sylvester, being prosecuted in tbe police court of Little-ton for being a common seller of spirituous liquor, pleaded guilty, and was sentenced to pay a fine of $100 and costs, and to be committed to jail one day, with an agreement made by him and the complainant, and assented to by the court, that tbe sentence should not be enforced while be did not sell intoxicating liquor. This disposition of tbe case was duly entered on the record, and tbe respondent was released from custodjn November 12, 1888, a petition, signed by…

1Opinion of the CourtDob, C. J.

“It has long been a common practice in this commonwealth, after verdict of guilty in a criminal case, 'when the court is satisfied that, by reason of extenuating circumstances, or of the pendency of a question of law in a like case before a higher court, or other sufficient cause, public justice does not require an immediate sentence, to order, with the consent of the defendant and of the attorney for the commonwealth, and upon such terms as the court in its discretion may impose, that the indictment be laid on file; and this practice has been recognized by statute. Sts. 1865, a. 223; 1869,…

2Cases cited1 opinion

  1. Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874

3Cited by21 opinions

  1. Slayton v. CommonwealthSupreme Court of Virginia · 1946
  2. Miller v. EvansSupreme Court of Iowa · 1901
  3. In Re CollinsCalifornia Court of Appeal · 1908
  4. Ex Parte ClendenningCourt of Criminal Appeals of Oklahoma · 1908
  5. In Re YoungCalifornia Court of Appeal · 1932

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