People v. Palm
Decision Date | 07 January 1929 |
Docket Number | No. 126.,126. |
Citation | 223 N.W. 67,245 Mich. 396 |
Parties | PEOPLE v. PALM. |
Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Ingham County; Leland W. Carr, Judge.
Fred Palm was convicted on his plea of guilty of illegal possession of intoxicating liquor, and he brings error. Affirmed.
Argued before FEAD, C. J., and NORTH, FELLOWS, WIEST, CLARK, McDONALD, and SHARPE, JJ. Edmund E. Shepherd and Ford P. Brook, both of Detroit, for appellant.
Wilber M. Brucker, Atty. Gen., Harold J. Waples and Charles Rubiner, Asst. Attys. Gen., and Barnard Pierce, Pros. Atty., of Lansing, for the People.
Defendant reviews his conviction and sentence to life imprisonment on his plea of guilty by writ of error allowed by this court on his personal petition therefor. All irregularities in the issuance thereof have been waived by the Attorney General.
The sentence was imposed under the mandatory provision of section 12 of chapter 9 of Act No. 175 of the Public Acts of 1927 (the Code of Criminal Procedure), which reads as follows:
Section 13 provides:
The information to which defendant pleaded guilty, and on which the sentence of life imprisonment was imposed, charged that before the filing thereof the defendant had been once convicted of burglary and four times of a violation of the law prohibiting the manufacture or sale, etc., of intoxicating liquors in the circuit court for the county of Ingham, in which such information was filed. It also charged that on February 2, 1920, defendant was convicted in the United States District Court for the Eastern District of Michigan of defacing the lawful currency of the United States.
The journal of the court, attested by the signature of the trial judge, reads as follows: ‘The Prosecuting Attorney of the County of Ingham, having filed his information against the said respondent, alleging and charging that the said respondent has heretofore been convicted of six felonies and the said respondent having been duly arraigned on said information and having pleaded guilty thereto; and on examination by the court, it appearing that said plea of guilty was voluntarily and understandingly tendered, and said plea of guilty having been accepted by the court; and having been, on motion of the Prosecuting Attorney, brought to the bar of the court for sentence, and having there been asked by the court if he had anything to say why judgment should not be pronounced against him, and alleging no reason to the contrary; therefore, it is considered by the court now here, that the said Fred Palm be confined in the State Prison at Jackson at hard labor for life from and including this day.’
The manner in which the Criminal Code was prepared, and the purpose of its enactment, was referred to in People v. Lintz, 244 Mich. 603, 222 N. W. 201. The provision for increased sentence when the defendant had been theretofore convicted is not new in this state. Sections 5948 and 5949, 2 Comp. Laws 1857, contained provision therefor, and have been continued in force without change. They appear as sections 15612 and 15613, 3 Comp. Laws 1915. This court has sustained sentences imposed thereunder. People v. Campbell, 173 Mich. 381, 139 N. W. 24. The mandatory provision in the present law is its chief additional feature.
Such laws evidence a desire on the part of the people of the state to protect themselves from the acts of habitual violators of law. Such persons, by the repeated commissions of felonies, have shown that they are a menace to society, unfit for liberty, and should be deprived thereof. The punishment in such cases is increased because of the apparent persistence in the commission of crime by the person convicted and his indifference to the laws deemed necessary for the protection of the people and their property. Experience teaches that the fear of severe punishment is more likely to rid the state of this type of professional criminals than any effort which may be made looking to their reformation.
The reasoning on which such laws are sustained is very aptly stated in 8 R. C. L. 271, as follows: ...
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