People v. Meservey

• Decision Date: 11 July 1889
• Citation: 76 Mich. 223,42 N.W. 1133
• Court: Michigan Supreme Court
• Parties: PEOPLE v. MESERVEY ET AL.

42 N.W. 1133

76 Mich. 223

PEOPLE v. MESERVEY ET AL.

Supreme Court of Michigan

July 11, 1889

Error to circuit court, Kalamazoo county; BUCK, Judge.

George P. Hopkins, Pros. Atty., for the People.

Jas. H. Kinnane, for defendants.

MORSE J.

The defendants pleaded guilty in the Kalamazoo circuit court to an information, charging them with burglary, on the 23d day of July, 1888. Thereupon, after a private examination, they were sentenced to be confined in the state's prison, at Jackson, at hard labor, Meservey for the period of five years, and Smith for the same time, from and including the day of sentence. On the next day, the 24th of July, 1888, the defendants were again brought into court and the following order entered in each case: "In this cause it appearing to the court that the sentence heretofore pronounced was imposed under a misapprehension of material facts existing in said cause, and it further appearing that said respondent has not yet entered upon the term of imprisonment to which he was sentenced, and that no part of the judgment of said court in said cause has been inflicted upon said respondent, it is ordered that said sentence and judgment be, and the same is hereby, vacated and set aside." They were then resentenced, Smith for nine and Meservey for ten years. The sentence in Smith's case, as entered upon the court journal, reads as follows: "The People of the State of Michigan vs. William Smith. William Smith, the respondent in this cause, having been upon his plea of guilty duly convicted of the crime of breaking into a shop in the night-time, as appears by the record thereof, and having been on motion of the prosecuting attorney brought to the bar of the court for sentence, and having there been asked by the court if he had anything to say why judgment should not be pronounced against him, and alleging no reason to the contrary, and the judge of the court having become satisfied after such investigation as he deemed necessary for that purpose respecting the nature of the case and circumstances of said plea that the same was made freely with full knowledge of the accusation against him, and without any undue influence, therefore, it is ordered and adjudged by the court now here that the said William Smith be confined in the state's prison at Jackson at hard labor for the period of nine (9) years from and including this day." And the same in Meservey's case, except title of cause and number of years of imprisonment. Under these sentences the respondents are now confined in the state's prison at Jackson.

It is claimed by the counsel for respondents in this court that the sentences last promulgated are erroneous illegal, and void; that the original sentences had gone into effect; and that the circuit judge had no power or authority to alter them after they had so gone into effect. And that, having vacated them, the cases stood as if there had been no sentences passed, and there should have been no further proceedings in the cases without having the respondents plead anew to the informations; and hence that the resentences are irregular and void on that account, and that the last and final sentences show that they were sentenced without the...