State v. Buchardt

• Decision Date: 17 May 1898
• Citation: 46 S.W. 150,144 Mo. 83
• Parties: STATE v. BUCHARDT.
• Court: Missouri Supreme Court

46 S.W. 150

144 Mo. 83

STATE v. BUCHARDT.

Supreme Court of Missouri, Division No. 2.

May 17, 1898.

LARCENY — SENTENCE.

Rev. St. 1889, § 3547, provides that petit larceny shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding $100. Rev. St. 1889, p. 2156, establishes the St. Louis court of criminal correction, and provides that a party convicted in that court of any misdemeanor punishable wholly or partly by imprisonment in the county jail shall be sentenced to imprisonment in the city workhouse, but no sentence shall be for a longer time than six months. Rev. St. 1889, §§ 4266, 4267, provide that a person convicted of a misdemeanor punishable by imprisonment in a county jail may, at the discretion of the court, be confined in the workhouse for the full term. Const. art. 4, § 53, pars. 32, 33, prohibit the punishment of the same offense by one species of punishment in one locality, and by a heavier punishment in other localities. Held, that a person convicted of petit larceny in the St. Louis court of criminal correction may be fined $100, and sentenced to the city workhouse for one year.

Appeal from St. Louis court of criminal correction; David Murphy, Judge.

James Buchardt was convicted of petit larceny, and appeals. Affirmed.

Martin & Bass, for appellant. Thos. E. Mulvihill, for the State.

SHERWOOD, J.

Defendant was charged in the information with petit larceny, in that he stole some hams and bacon, worth eight dollars. For this appropriation of another's goods, he, having pleaded guilty, was fined in the sum of $100, and sentenced to the workhouse of the city of St. Louis for the term of one year. From this judgment he appealed to the St. Louis court of appeals, by which court this cause was transferred to this court, on the ground that it involved a constitutional question.

Section 3547, Rev. St. 1889, provides that petit larceny shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding $100, or by both such fine and imprisonment. Section 32 of the law establishing the St. Louis court of criminal correction (page 2156, 2 Rev. St. 1889) prescribes that, when "the punishment of any misdemeanor is partly or wholly by imprisonment in the county jail, the party convicted in that court shall, instead of being sentenced to imprisonment in the county jail, be sentenced to imprisonment in the workhouse of the city of St. Louis, and there kept at hard labor during the period of imprisonment to which such party may be sentenced; but no sentence shall be for a longer period than six months for any cause; nor shall any person be detained for a greater period by reason of his or her failure to pay any fine which may be imposed by said court." It is plain to see that the general statute, as mentioned and quoted from, to wit, section 3547, cannot be reconciled with section 32, also quoted from, which pertains to the court of criminal correction. Under our constitution, it is not permissible to punish the same offense or violation of some public or general law by one species of punishment in one locality, and by a different or more heavy punishment in other localities in this state. A law inflicting such different penalties for the perpetration of any given crime cannot bear the test of judicial examination. Cooley, Const. Lim. (6th Ed.) 481, 483, and cases cited; State v. Julow, 129 Mo., loc. cit. 176, 31 S. W. 781; State v. Walsh, 136 Mo., loc. cit. 406, 37 S. W. 1112; State v. Thomas, 138 Mo.,...