People v. Seller
| Citation | 25 N.W. 304,58 Mich. 327 |
| Court | Supreme Court of Michigan |
| Decision Date | 28 October 1885 |
| Parties | PEOPLE v. SELLER. |
Error to Ottawa.
Moses Taggart, for the People.
Watts & Smith, for appellant.
Respondent, under an ordinary charge of larceny of a horse, buggy and harness of the value of $175, pleaded guilty, and was sentenced to imprisonment in the state prison for eight years. Error is brought because of excessive sentence.
As the law now stands a sentence which is merely bad for excess may be reversed for the excess, and left to stand for so much as could lawfully be imposed. It is probable that the sentence was intended to be given under the act of 1877 (How.St. � 9180) relating to horse stealing. It was held in Boody v. People, 43 Mich. 41, S.C. 4 N.W. 549, and People v Jones, 49 Mich. 591, S.C. 14 N.W. 573, that the excessive punishment imposed by that statute could only be given when the information or indictment was based upon it. That was not the case here, and other articles were included in the charge. The attorney general confesses error as to all of the sentence beyond five years, and the judgment must be reversed to that extent.
(The other justices concurred.)
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People v. Seller
...58 Mich. 32725 N.W. 304PEOPLEv.SELLER.Supreme Court of Michigan.Filed October 28, Error to Ottawa. [25 N.W. 304] Moses Taggart, for the People.Watts & Smith, for appellant. [25 N.W. 305]CAMPBELL, J. Respondent, under an ordinary charge of larceny of a horse, buggy and harness of the value o......