Hunt v. State
| Decision Date | 04 December 1917 |
| Docket Number | No. 23319.,23319. |
| Citation | 186 Ind. 644,117 N.E. 856 |
| Parties | HUNT v. STATE. |
| Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Noble County; Luke H. Wrigley, Judge.
Oscar Hunt pleaded guilty to a charge of assault and battery, and was sentenced to pay a fine of $5 and costs, and to imprisonment in the county jail for four months, and the execution of the sentence of imprisonment was suspended at his request, and he was paroled on express condition that the court might set aside the order suspending the jail sentence and order its execution, and from an order for the execution of the sentence of imprisonment, he appeals. Affirmed.Julian C. Ryer, of Chicago, Ill., for appellant. U. S. Lesh, of Huntington, Elmer E. Hastings, of Washington, Ind., and Edward M. White and Dale F. Stansbury, both of Indianapolis, for the State.
On the 13th day of March, 1912, appellant, being charged with the crime of assault and battery with intent to commit murder by an affidavit pending in the circuit court of Noble county, pleaded guilty to the charge of assault and battery under said affidavit, and the court adjudged that he should pay a fine of $5 and costs of the prosecution, and that he should be imprisoned in the county jail of Noble county for the period of four months. As a part of the judgment it was ordered by the court upon motion of the defendant and at his request that the execution of said sentence as to the imprisonment, but not as to the payment of the fine and costs, be suspended, and that the defendant be paroled during his good behavior upon the “express condition, to which said defendant now here in open court agrees, that the court or the judge thereof in vacation may at any time, in term or vacation, for any cause, considered by said judge as sufficient, set aside the order suspending the jail sentence, and may, at any time, either in term or vacation, order that sentence be executed by the imprisonment of said defendant in said jail for said period of four months, which period shall commence at the date when said defendant shall be imprisoned in pursuance of said order.” Afterward, on the 14th day of May, 1917, appellant was brought before the Noble circuit court in the custody of the sheriff, and the court, after hearing evidence and being sufficiently advised, set aside the order suspending the execution of the judgment as to imprisonment, and ordered that said judgment be executed by the imprisonment of said defendant Oscar Hunt at the Indiana State Farm for the period of four months.
[1] Before the action of the court was taken in setting aside the order suspending execution of the judgment of March 13, 1912, and ordering the imprisonment of appellant, he, by his attorney, filed written objection to the court taking any further action in the case, stating a number of reasons upon which the objection was based. The court overruled the objection so filed, to which ruling appellant excepted.
Appellant takes the position that the court had no power to order him to be imprisoned at the Indiana State Farm when the original judgment provided that he should be imprisoned in the county jail. At the time the judgment was rendered the law providing for the Indiana State Farm was not in force. The act by which that institution was created (Acts 1913, p. 660) provides that it shall be the duty of all judges of circuit, superior, criminal, and city courts to commit thereto, so far as the capacity of the institution will permit, all male persons who are above the age of commitment to the Indiana Boys School, who have been convicted of the violation of any criminal law of the state, or of any ordinance, the punishment for which now consists of imprisonment in any county jail or workhouse. This statute simply changes the place where the imprisonment is to be made. The judgment of March 13, 1912, determined the guilt of the defendant and fixed the punishment. The amount of the fine and the duration of the imprisonment were judicially determined, but the place where appellant should be confined did not constitute a part of the judgment. It has been held that a judgment directing that a defendant be confined in a particular penitentiary located at a certain place may be modified so as to require his confinement in another penitentiary located at a different place. Kingen v. Kelley (1891) 3 Wyo. 566, 28 Pac. 36, 15 L. R. A. 177;O'Brien v. Barr (1891) 83 Iowa, 51, 49 N. W. 68.
[2] Appellant objected to any order...
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...Maxwell, supra; Persall v. State, 31 Ala.App. 309, 16 So.2d 332 (1944); In re McClane, 129 Kan. 739, 284 P. 365 (1930); Hunt v. State, 186 Ind. 644, 117 N.E. 856 (1917); Brooks v. State, 51 Ariz. 544, 78 P.2d 498, 117 A.L.R. 925 We conclude, therefore, that under I.C. § 19-2601, the distric......
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