People v. Parkhurst
| Decision Date | 18 April 1883 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE v. PARKHURST. |
A sentence of imprisonment exceeding the limit allowed by statute can be reversed only for the excess, (Comp.Laws, � 7998;) but if, on reversal, the proper time has already expired, he is entitled to an immediate discharge.
Error to Muskegon.
J.J. Van Riper, for the People.
Cook, De Long & Fellows, for defendant and appellant.
The defendant is in confinement in the house of correction at Ionia, under a sentence for one year, for an offense, the punishment of which by statute can be for three months only. Under the statute (Comp.Laws, � 7998) the judgment should be reversed for the excess only; but as three months have now expired, the defendant is entitled to an immediate discharge. Ordered accordingly.
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People v. Parkhurst
...50 Mich. 38915 N.W. 522PEOPLEv.PARKHURST.Supreme Court of MichiganFiled April 18, A sentence of imprisonment exceeding the limit allowed by statute can be reversed only for the excess, (Comp.Laws, § 7998;) but if, on reversal, the proper time has already expired, he is entitled to an immedi......