Fimara v. Garner

CourtSupreme Court of Connecticut
Writing for the CourtWHEELER, J.
Citation86 Conn. 434,85 A. 670
PartiesFIMARA v. GARNER.
Decision Date15 January 1913
85 A. 670
86 Conn. 434

FIMARA
v.
GARNER.

Supreme Court of Errors of Connecticut.

Jan. 15, 1913.


85 A. 671

Appeal from Superior Court, Hartford County; Howard J. Curtis, Judge.

Petition for writ of habeas corpus by Pasquale Fimara, to which Ward A. Garner, having petitioner in custody, filed a return. From an order overruling a demurrer to the return and remanding petitioner to respondent's custody, he appeals. Affirmed.

John C. Chamberlain, of Bridgeport, for appellant.

Stiles Judson, State's Atty., of Bridgeport, and John S. Pullman, Special State's Atty., for respondent.

WHEELER, J. The return showed that the respondent held the petitioner under a warrant issued by the superior court ordering him to receive and keep the petitioner until the expiration of the term of imprisonment imposed by said court during a period not exceeding five years as a maximum term, and not less than three years as a minimum, upon his conviction for the crime of conspiracy. The petitioner demurred to the return upon the ground that "said judgment sentenced the prisoner to a place not warranted by law for the crime with which he stood charged, and for a longer term than justified by any statute." The accused was sentenced under G. S. § 1528, providing that, "In case of conviction for any high crime or misdemeanor at common law, the offender may be imprisoned in the state prison not more than five years, or in a jail not less than two months, nor more than one year, or fined not more than five hundred dollars, or both; and in case of conviction for any other offense at common law, the offender shall be imprisoned in a jail not less than thirty-one days, nor more than one year, or fined not more than three hundred dollars, or both."

The single question for decision is whether the crime of conspiracy is a high crime and misdemeanor within the intendment of this statute. The term "high crime and misdemeanor" is peculiar to our statutes. We find the same term used in the impeachment article of the federal Constitution. The interpretation given the term in decisions under this article cannot help in interpreting our statute, as the appellant claims, since that applies primarily to instances of official misconduct, and is used as a term of general description rather than as technical words of art under the common law. Pomeroy on Const. (7th Ed.) § 715; Black on Const. (3d Ed.) §§ 83, 85; Elliott's Debates, pp. 158, 218, 222, 228.

Our statute, as first passed in 1830, read: "In all cases of conviction of any person or persons for any high crime and misdemeanor at common law." It continued in this form to the Revision of 1875, when "or" was substituted for "and," making the statute read, "In case of conviction for any high crime or misdemeanor at common law." The study of the statute, in the light of the decisions thereunder, has convinced us that the subsequent change in phraseology was not intended to change the...

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24 practice notes
  • State v. Hayes
    • United States
    • Supreme Court of Connecticut
    • March 4, 1941
    ...alleged in the information, was in this state a crime at common law. State v. Thompson, 69 Conn. 720, 725, 38 A. 868; Fimara v. Garner, 86 Conn. 434, 85 A. 670; State v. Murphy, 124 Conn. 554, 562, 1 A.2d 274. The statute applicable to the offense, in effect until 1937, provided five years ......
  • State v. Johnson
    • United States
    • Supreme Court of Connecticut
    • January 19, 1972
    ...commit it are separate and distinct crimes. Pinkerton v. United States, 328 U.S. 640, 643, 66 S.Ct. 1180, 90 L.Ed. 1489; Fimara v. Garner, 86 Conn. 434, 437, 85 A. 670; United States v. Cheers, 439 F.2d 1097, 1098 (5th Cir.). The crime of conspiracy is dependent on clear principles, and has......
  • State v. Hayes
    • United States
    • Supreme Court of Connecticut
    • March 4, 1941
    ...alleged in the information, was in this state a crime at common law. State v. Thompson, 69 Conn. 720, 725, 38 A. 868; Fimara v. Garner, 86 Conn. 434, 85 A. 670; State v. Murphy, 124 Conn. 554, 562, 1 A. 2d 274. The statute applicable to the offense, in effect until 1937, provided five years......
  • Com. v. Brady
    • United States
    • United States State Supreme Court of Pennsylvania
    • January 28, 1977
    ...and to the security of persons and property, and harmful to the public morals by the very weight and power of numbers.' Fimara v. Garner, 86 Conn. 434, 437--38, 85 A. 670, 672 (1913); See also, United States v. Rabinowich, 238 U.S. 78, 35 S.Ct. 682, 59 L.Ed. 1211 (1915). The substantive cri......
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24 cases
  • State v. Hayes
    • United States
    • Supreme Court of Connecticut
    • March 4, 1941
    ...alleged in the information, was in this state a crime at common law. State v. Thompson, 69 Conn. 720, 725, 38 A. 868; Fimara v. Garner, 86 Conn. 434, 85 A. 670; State v. Murphy, 124 Conn. 554, 562, 1 A.2d 274. The statute applicable to the offense, in effect until 1937, provided five years ......
  • State v. Johnson
    • United States
    • Supreme Court of Connecticut
    • January 19, 1972
    ...commit it are separate and distinct crimes. Pinkerton v. United States, 328 U.S. 640, 643, 66 S.Ct. 1180, 90 L.Ed. 1489; Fimara v. Garner, 86 Conn. 434, 437, 85 A. 670; United States v. Cheers, 439 F.2d 1097, 1098 (5th Cir.). The crime of conspiracy is dependent on clear principles, and has......
  • State v. Hayes
    • United States
    • Supreme Court of Connecticut
    • March 4, 1941
    ...alleged in the information, was in this state a crime at common law. State v. Thompson, 69 Conn. 720, 725, 38 A. 868; Fimara v. Garner, 86 Conn. 434, 85 A. 670; State v. Murphy, 124 Conn. 554, 562, 1 A. 2d 274. The statute applicable to the offense, in effect until 1937, provided five years......
  • Com. v. Brady
    • United States
    • United States State Supreme Court of Pennsylvania
    • January 28, 1977
    ...and to the security of persons and property, and harmful to the public morals by the very weight and power of numbers.' Fimara v. Garner, 86 Conn. 434, 437--38, 85 A. 670, 672 (1913); See also, United States v. Rabinowich, 238 U.S. 78, 35 S.Ct. 682, 59 L.Ed. 1211 (1915). The substantive cri......
  • Request a trial to view additional results

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