State v. Drew
| Citation | 76 A. 191,75 N.H. 604 |
| Parties | STATE ex rel. O'CONNOR v. DREW. |
| Decision Date | 03 March 1910 |
| Court | Supreme Court of New Hampshire |
Exceptions from Superior Court, Coos County; Plummer, Judge.
Habeas corpus by the State, on relation of one O'Connor, against Holman A. Drew. The court ordered petitioner remanded, and he brings exceptions. Overruled.
At the April term, 1908, of the superior court, the petitioner was indicted for violating section 15, c. 112, Pub. St., and at the September term, 1908, was found guilty upon a trial by jury The court imposed a fine of $25 and costs, and ordered that the petitioner be confined in jail for 60 days. At the solicitation and request of the petitioner, it was further ordered "that jail sentence be suspended; mittimus to issue on call of solicitor." The solicitor called for the mittimus in June, 1909, and the defendant, who is sheriff of the county, arrested the petitioner on the precept and committed him to jail. The petitioner thereupon applied for this writ.
Carl Abbott, for petitioner.
Bernard Jacobs, Sol., for defendant.
The question presented was decided in State v. Buckley, 75 N. H. 402. 74 Atl. 875.
Exception overruled.
To continue reading
Request your trial
-
Ex parte United States, Petitioner. riginal
...Ohio N. P. N. S. 533, 16 Ohio S. & C. P. Dec. 259 (1905); State v. Hilton, 151 N. C. 687, 65 S. E. 1011 (1909); State ex rel. Buckley v. Drew, 75 N. H. 402, 74 Atl. 875 (1909); State ex rel. O'Connor v. Drew, 75 N. H. 604, 76 Atl. 191 (1910); Re Hinson, 159 N. C. 250, 36 L.R.A.(N.S.) 352, 7......
-
State v. Dean
...sentences. N.H.Const. pt. II, arts. 4, 5; State v. Owen, 80 N.H. 426, 427, 117 A. 814, 815 (1922); State v. Drew, 75 N.H. 402, 74 A. 875 (1909), 75 N.H. 604, 76 A. 191 (1910); accord, People v. Broadie, 45 App.Div.2d 649, 360 N.Y.S.2d 906 (1974), aff'd, 37 N.Y.2d 100, 371 N.Y.S.2d 471, 332 ......
-
Carpenter v. Berry
...§ 18) or under the general powers which our Courts have always exercised to suspend sentences for other good reasons. See State v. Drew, 75 N.H. 402, 74 A. 875, and cases cited; Philpot v. State, supra, Sylvester v. State, 65 N.H. 193, 20 A. 954. The fundamental difficulty with the petition......
-
Montgomery v. State
... ... states. 26 A.L.R. 399. In addition to the cases there cited, ... the following support the same principle: Emerson v ... Boyles, 170 Ark. 621, 280 S.W. 1005; State v ... District Court, 73 Mont. 541, 237 P. 525; State v ... Drew, 75 N.H. 402, 74 A. 875; Id., 75 N.H. 604, 76 A ... 191; In re Hall, 100 Vt. 197, 136 A. 24 ... The ... Lauderdale law and equity court is governed by that feature ... of the law. Local Act passed May 29, 1931, § 15, pp. 72, 75 ... It is ... our judgment, therefore, ... ...