People v. Ancksornby
| Decision Date | 14 May 1925 |
| Docket Number | April Term 1925.,No. 115,115 |
| Citation | 231 Mich. 271,203 N.W. 864 |
| Parties | PEOPLE v. ANCKSORNBY. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Superior Court of Grand Rapids; Leonard D. Verdier, Judge.
Cahill Ancksornby was convicted for unlawful possession of intoxicating liquor and selling one pint, and sentenced as for second offense, and he brings error. Remanded for proper sentence.
Argued before McDONALD, C. J., and CLARK, BIRD, SHARPE, MOORE, STEERE, FELLOWS, and WIEST, JJ.John J. McKenna and Thaddeus B. Taylor, both of Grand Rapids, for appellant.
Earl W. Munshaw, Pros. Atty., of Grand Rapids (Homer H. Freeland, of Grand Rapids, of counsel), for the People.
The defendant pleaded guilty in the superior court of Grand Rapids to an information charging him with the unlawful possession of intoxicating liquor, and with selling and furnishing one pint of moonshine whisky in violation of the prohibitory law. It was not charged in the information as a second or subsequent offense, but it was treated as such by the trial court, and the defendant was sentenced to imprisonment at Jackson state prison for a maximum term of two years and a minimum term of one year, with a recommendation of one year. The reason for the sentence is explained by the trial court in a certificate which he has attached to the record as follows:
‘In order that the Supreme Court may understand the reason for the sentence imposed, the trial court hereby certifies the following amendment to the said bill of exceptions:
The trial judge was in error. He sentenced the defendant for an offense of which he had not been convicted. The statute provides an increased punishment for a second or subsequent offense, but it must be charged as such in the information. That was not done in this case. As the sentence imposed was greater than that prescribed for the offense charged, to which the defendant entered a plea of guilty, it is excessive and illegal. The case will be remanded for proper sentence as for a first...
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People v. Eason
...conviction without specifying the procedures to be followed when the prosecutor sought sentence enhancement. In People v. Ancksornby, 231 Mich. 271, 203 N.W. 864 (1925), the defendant was charged with unlawful possession of intoxicating liquor and with selling and furnishing as a first offe......
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Moore v. Buchko
...the Court has dealt with a variety of other sentences without relying on the excessive sentence statute: illegal--People v. Ancksornby (1925), 231 Mich. 271, 203 N.W. 864; erroneous--People v. Baum (1930), 251 Mich. 187, 231 N.W. 95; improper--People v. Hoaglin (1933), 262 Mich. 162, 247 N.......
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People v. Coles
...People v. Baum, 251 Mich. 187, 231 N.W. 95 (1930).11 People v. Hoaglin, 262 Mich. 162, 247 N.W. 141 (1933); People v. Ancksornby, 231 Mich. 271, 203 N.W. 864 (1925).12 People v. Courts, 401 Mich. 57, 257 N.W.2d 101 (1977); People v. Earegood, 383 Mich. 82, 173 N.W.2d 205 (1970).13 People v.......
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Brinson v. Genesee Circuit Judge
...conclusion that a trial court may disregard the provisions of M.C.L. § 769.8-769.13; M.S.A. § 28.1080-28.1085. In People v. Ancksornby, 231 Mich. 271, 203 N.W. 864 (1925), this Court was presented with the question of whether a trial court could ignore the fact that the defendant had not be......