United States Digest of Decisions in Criminal Cases: Contained in the ...
United States Digest of Decisions in Criminal Cases: Contained in the ...
John Lawyer Hanes
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lb. II. Sentence, when Ebboneoub. 100. The statute of 1791, § 3, con- cerning the murder of slaves, is not sufficiently definite and clear to war- rant a sentence of death on a prisoner who itf convicted under it State v. Boon, 1 Taylor 246. 101. Where the indictment is suffi- cient, and there is no error on the trial, but the sentence is bad, the Supreme Court will not grant a new trial, but will pass sentence on the prisoner de novo. Drew v. Com., 1 Whart. 279. 102. Under the Mass. Rev. Sts. ...f ch. 143, § 19, the Courts are not authorised to sentence a convict to imprisonment in the house of correction for a longer time than that for which he might by Rev. Sts. ch. 126, § 17, be imprisoned in the county jail for the same cause. Shepherd v. Commonwealth, 2 Met 419. 103. When the power is conferred on the Court to sentence either to the State prison or common jail, and they do not sentence to the State prison, the presumption is that, in their judg- ment, the actual offence was such as ought not to be punished by imprison- ment in the State prison, and that they intend to adopt the other alternative.
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