Court of Review : in the Matter of the Presentment of the Reverend Algernon Sidney Crapsey : for Trial Upon Certain Charges : Brief for Appellant

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If a man was condemned to state prison until such time as he should satisfy the legal authority of the state that he was a good man, no one would question that such a sentence would be void.
A judgment must be precise, it must fix a penalty, it must fix a penalty which can be executedi. This court has fixed a penalty which cannot be executed. Itrequires the appellant to give satisfaction as to the correctness of his be- liefs, before a vaguely described tribunal that has no authority to decide
...as to the correctness of his views. Any court must act for itself and impose its own sentence, it cannot turn the responsibility over to somebody else.
The canon requires the court to say what sentence ought to be pronounced. The sen- tence it has pronounced is meaningless. The Bishop is to pronounce such sentence as he 17 shall deem just, not exceeding in severity that specified by the court. No one can say whether any sentence he might adopt would be more severe than that adopted by the court, because no one can say what the sentence means.


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