Fuller v. State
Mississippi Supreme Court
Appeal from the circuit court of Hinds county. Hon. "W. A. Henry, Judge. Chas. Fuller was convicted of unlawful retailing. From an order imposing a suspended sentence defendant appeals. The facts are fully stated in the opinion of the court. There are many cases upon the power of the court to suspend the execution of a sentence either indefinitely or to a time certain, the decisions being in conflict.
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Appeal from the circuit court of Hinds county. Hon. "W. A. Henry, Judge. Chas. Fuller was convicted of unlawful retailing. From an order imposing a suspended sentence defendant appeals. The facts are fully stated in the opinion of the court. There are many cases upon the power of the court to suspend the execution of a sentence either indefinitely or to a time certain, the decisions being in conflict. There are a great many other cases, somewhat similar that have to do with recommitment, on constitutional provision and statutes, providing for pardons, parols, etc., but we must insist that…
1Opinion of the CourtSmith, J.
Appellant suggests that we have confused the question of a court’s power to suspend the imposition of a sentence with the question of its power to suspend the execution of a sentence after it has been imposed. As the first question it not involved herein, we will pretermit any discussion thereof, and confine ourselves to the latter; that is, the power of a court to suspend the execution of a sentence after it has been imposed.
Power to suspend the execution of its sentence has not been conferred upon any court in this state by our Constitution or statutes, and consequently, if such power…
2Cases cited11 opinions
- Neal v. StateSupreme Court of Georgia · 1898
- Watson v. WilliamsMississippi Supreme Court · 1858
- In re WebbWisconsin Supreme Court · 1895
- State v. . CrookSupreme Court of North Carolina · 1894
- State v. AbbottSupreme Court of South Carolina · 1911
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3Cited by55 opinions
- Ex Parte United StatesSupreme Court of the United States · 1916
- Munic. Court v. State, Ex Rel.Ohio Supreme Court · 1933
- Robinson v. StateMississippi Supreme Court · 1991
- Mississippi Com'n on Judicial Performance v. SandersMississippi Supreme Court · 1998
- State Ex Rel. Gash v. Morgan County Superior CourtIndiana Supreme Court · 1972
50 more not listed; retrieve them via the Exa API.