Hoggett v. State
| Decision Date | 11 March 1912 |
| Docket Number | 15,544 |
| Citation | 57 So. 811,101 Miss. 269 |
| Court | Mississippi Supreme Court |
| Parties | EMMA HOGGETT v. STATE |
APPEAL from the circuit court of Forrest county, HON. PAUL B JOHNSON, Judge.
Emma Hoggett was convicted of unlawful retailing. The sentence of the court was suspended for a while and at the next term of the court imposed, and she appeals.
The facts are stated in the opinion of the court.
Case affirmed.
J. E Davis, for appellant.
I most respectfully submit that the judgment of the lower court is illegal and void, and that this cause should be reversed, and the defendant discharged. The court has no power to arbitrarily exile a person. It is beyond the scope of his "broad discretion to banish a person to a foreign jurisdiction." The original judgment in this case "suspended sentence provided defendant leaves and remains away from Forrest county, Mississippi, and pay all costs." The costs were paid. The latter judgment imposing a fine does not indicate that there was any legal evidence before the court of the defendant's failure to comply with the former order. The same is therefore void. 23 Cyc. 684, par. E.
It is a mere nullity, 23 Cyc. 681, and in the consideration of the fact by the court, the appellant was entitled to be confronted with the witnesses against her; and she should have been granted an opportunity to show by competent evidence whether the said former order had not been violated even admitting that the court had the right to pronounce the judgment, which we deny.
The punishment pronounced by the sentence must, of course, be that which the law provides for the particular crime charged against the defendant. 21 Am. and Eng. Ency. of Law, 1076.
There is no law or precedent granting a court the power to impose such sentence and to render such a judgment as appears to have been done in this case. The sentence is void because it is for an indefinite time. 21 Am. and Eng. Ency. of Law, 1082.
Jas. R. McDowell, assistant attorney-general, for appellee.
This is an appeal from the circuit court of Forrest county. Appellant was indicted for the unlawful sale of intoxicating liquors, plead guilty, and sentence suspended, upon payment of costs, under condition. The condition was broken and the court at a subsequent term of court, imposed the suspended sentence, from which judgment and sentence this appeal is taken. The points of law in this case are identical with those in the case of Bossie Hoggett, 101 Miss. 272, and I beg to refer your honorable court to a consideration of the state's brief in that case.
Appellant having entered a plea of guilty to an indictment charging her with the unlawful sale of intoxicating liquor, the court instead of imposing sentence immediately, ordered that the same be suspended, "provided the defendant leaves and remains away from Forrest county, Miss." At a later term of the court, on motion of the district attorney, sentence...
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Boykin v. State
... ... pronounce judgment, which the court no doubt would do unless ... good cause to the contrary were made to appear. In the ... absence of such request he must be held to have consented to ... the indefinite delay, and cannot complain. Hoggett v ... State, 101 Miss. 269, 271, 57 So. 811. Compare ... United States v. Mulligan, 2 Cir., 48 F.2d 93; ... United States v. Lecato, 2 Cir., 29 F.2d 694, 695. * ... 'We ... conclude, in accordance with what we regard as the better ... view, that in a criminal case, ... ...
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Ray v. McCoy
...period. See People v. Lopez, 81 Cal.App. 199, 253 P. 169 (1927); People v. Baum, 251 Mich. 187, 231 N.W. 95 (1930); Hoggett v. State, 101 Miss. 269, 57 So. 811 (1912); State v. Doughtie, 237 N.C. 368, 74 S.E.2d 922 (1953); State v. Baker, 58 S.C. 111, 36 S.E. 501 (1900); Annot., 70 A.L.R. 9......
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State v. Morgan
...have invalidated conditions requiring that a probationer leave a particular city, county or state. See, for example, Hoggett v. State, 101 Miss. 269, 57 So. 811 (1912); People v. Baum, 251 Mich. 187, 231 N.W. 95 (1930); In re Scarborough, 76 Cal.App.2d 648, 173 P.2d 825 (1946); and Weigand ......
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Miller v. Aderhold
...appear. In the absence of such request he must be held to have consented to the indefinite delay, and cannot complain. Hoggett v. State, 101 Miss. 269, 271, 57 So. 811. Compare United States ex rel. Grossberg v. Mulligan (C.C.A.) 48 F.(2d) 93; United States v. Lecato (C.C.A.) 29 F.(2d) 694,......