O'Neil v. People
Michigan Supreme Court
Error to Kalamazoo Circuit. This was an information for an attempt to commit larceny from the person. The plaintiff in error was convicted for an attempt to commit the crime of larceny, and sentenced to be confined at hard labor in the State Prison for three years. It was assigned for error that the prisoner could not be sentenced for a period exceeding two and one-half years.
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Error to Kalamazoo Circuit. This was an information for an attempt to commit larceny from the person. The plaintiff in error was convicted for an attempt to commit the crime of larceny, and sentenced to be confined at hard labor in the State Prison for three years. It was assigned for error that the prisoner could not be sentenced for a period exceeding two and one-half years. The case turns upon a construction of tbe statute. 1. The statute defining the offense of larceny from the person, and prescribing its penalty (five years) is found in 2 Comp. L. § 5761. There is no statute specifically…
1Opinion of the Court
Christiancy J.
The plaintiff in error was convicted of an attempt to commit larceny from the person of one Rachael Thompson, and sentenced to be confined at hard labor in the state prison for the period of three years; and the question is, whether this period of imprisonment does not exceed that which the statute has prescribed for the offense of which he was convicted.
The punishment for the completed offense of larceny from the person, as fixed by the statute, is “imprisonment in the state prison not more than five years, or by imprisonment in the county jail not more than one year.” — 2…
2Cases cited1 opinion
- Elliott v. PeopleMichigan Supreme Court · 1865
3Cited by6 opinions
- People v. FarrellMichigan Supreme Court · 1906
- Moore v. Parole BoardMichigan Supreme Court · 1967
- People v. BurridgeMichigan Supreme Court · 1894
- People v. UtterMichigan Supreme Court · 1920
- People v. LovedayMichigan Supreme Court · 1973
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