People v. Adams
New York Court of Appeals
The cases cited by Keogh, J., in the preceding case of ex rel. Clark (supra), were cited upon the People’s brief in this Adams case, as was the additional ease of Dreyer v. Illinois, 187 IT. S. 71. So much of the opinion as touched the constitutionality of the indeterminate sentence is as follows:
1Opinion of the Court
Bartlett, J.:
The appellant makes the further point, that the statute under which the defendant was sentenced to imprisonment for a term, the minimum of which, shall be not less than one year, and the maximum shall be not more than one year and nine months, is unconstitutional.
Section 687a of the Penal Code was enacted in 1901, presumably in the interest of defendants who had never before' been convicted of a felony. The fixing of a maximum and minimum sentence is to be considered in connection with the law relating to prisons (§§ 74 to 83, Birdseye’s R. S. [3d ed.], vol. 2, pp. 2737, 2738,.…
2Cited by144 opinions
- Weeks v. United StatesSupreme Court of the United States · 1914
- Elkins v. United StatesSupreme Court of the United States · 1960
- Wolf v. ColoradoSupreme Court of the United States · 1949
- On Lee v. United StatesSupreme Court of the United States · 1952
- People v. DeforeNew York Court of Appeals · 1926
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