People v. Dane

• Decision Date: 16 May 1890
• Citation: 45 N.W. 655,81 Mich. 36
• Court: Michigan Supreme Court
• Parties: PEOPLE v. DANE.

45 N.W. 655

81 Mich. 36

PEOPLE v. DANE.

Supreme Court of Michigan

May 16, 1890

Error to recorder's court of Detroit.

William J. Dane, having been convicted of uttering a forged deed, was at first sentenced under Pub. Laws Mich. 1889, Act No. 228 entitled "An act to provide for indeterminate sentences," etc., and which provides: "Section 1. The term of imprisonment of any person so convicted and sentenced may be terminated by the board [of control of prisons] as authorized by the act; but such imprisonment shall not exceed the maximum term provided by law for the crime for which the prisoner was convicted and sentenced, and no person shall be released until after he shall have served at least the minimum term provided by law for the crime for which he was convicted." He was subsequently resentenced under How. St. Mich. � 9214, which fixes the penalty of one convicted of having uttered a forged deed at a term of imprisonment in the state's prison not to exceed 14 years.

Brennan & Donnelly, for appellant.

CAHILL J.

The respondent was convicted in the recorder's court of Detroit, October 18, 1889, on the charge of uttering a forged deed. The case was brought to this court, and affirmed at our last January term. 44 N.W. 617. The case was tried before Hon. GEORGE GARTNER, circuit judge, sitting as trial judge in the recorder's court. No question was raised on the record, when the case was here before, of the authority of Judge GARTNER to preside at the trial; but question is made here of his right to pronounce sentence. If any doubt existed as to his right to sit as judge in the recorder's court upon this trial, it should have been raised when the case was here first. Having presided at the trial of respondent, his right to pass sentence cannot be questioned now. Besides, this point was expressly ruled in People v Gallagher, 42 N.W. 1063.

On the 1st day of February, 1890, respondent was brought before Judge GARTNER, and sentenced to imprisonment at Jackson under the provisions of Act No. 228 of the Laws of 1889, entitled "An act to provide for indeterminate sentences, and disposition, management, and release of criminals under such sentence." The attention of the court being afterwards called to the fact that the act of 1889 only took effect on the 3d day of October, 1889, while the crime with which respondent was charged is alleged and shown to have been committed on September 20, 1888, the court was of the opinion that the sentence attempted to be imposed on respondent on the 1st day of February was void as having been imposed under a law which was not in force at the time of the commission of the offense of which respondent was convicted. On the 5th day of February the same judge caused the respondent to be brought before him, and imposed another sentence, the formal record of which is as follows: "At a session of the recorder's court of the city of Detroit held in and for said city at the court-room of said court on Wednesday, the fifth day of February, in the year of our Lord eighteen hundred and ninety: present, at the request of the recorder of the city of Detroit and associate judge thereof, Honorable GEORGE GARTNER, one of the judges of the circuit court for the county of Wayne, and acting judge of the recorder's court of the city of Detroit. The people of the state of Michgan v. William J. Dane. Information for uttering and publishing a forged instrument. The defendant, on the first instant, having been sentenced by this court to be committed to the state-prison of this state at Jackson in the county of Jackson, and therein confined at...