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- Title
SENTENCE.
- Abstract
The article presents information about a court's decision regarding court's sentence for a second offense. Here the accused is indicted for the sale of liquor on Sunday, after having been previously convicted of the same offense, and the verdict is simply guilty, he cannot be sentenced to the additional penalty provided for the second offense, since the verdict does not show that the jury found him guilty of a second offense. The sentence of a defendant, convicted under separate counts of an indictment under Section 5469, revised statutes, of larceny of a mail pouch containing registered letters and of letters, and also of larceny of registered letters and of embezzlement of their contents, committed at the same time and place, and as parts of a continuous criminal act to separate punishments, is beyond the jurisdiction of the court and void as to the excess above the maximum punishment that may be imposed for a single offense. Separate offenses which are committed at the same time and are parts of a continuous criminal act, inspired by the same criminal intent which is an essential element of each offense, are susceptible of but one punishment.
- Subjects
LEGAL judgments; CRIMINAL sentencing; ACTIONS &; defenses (Law); PUNISHMENT; CRIME; CIVIL procedure
- Publication
Journal of the American Institute of Criminal Law & Criminology, 1914, Vol 4, Issue 5, p745
- ISSN
0885-4173
- Publication type
Article