State v. Gehrmann

Citation84 N.J.L. 162,85 A. 1018
PartiesSTATE v. GEHRMANN.
Decision Date03 March 1913
CourtUnited States State Supreme Court (New Jersey)

(Syllabus by the Court.)

Error to Court of Oyer and Terminer, Hudson County.

Johanna Gehrmann was convicted of crime, and brings error. Affirmed.

Argued November term, 1912, before GUMMERE, C. J., and GARRISON and BERGEN, JJ.

Alexander Simpson and Isaac F. Goldenhorn, both of Jersey City, for plaintiff in error.

Pierre P. Garven, of Jersey City, for the State.

BERGEN, J. The record which is submitted shows that the defendant was indicted at the April term, 1909, of the Hudson county oyer and terminer, of the crime of administering a medicine or noxious drug with intent to cause and procure the miscarriage of a woman pregnant with child; that the indictment was regularly and in due form handed down for trial to the court of quarter sessions of said county of Hudson April 21, 1909; that on the 28th day of April, 1909, the defendant entered a plea of non vult contendere; that thereupon the cause was continued to the 17th day of June, on which day an order was entered that the sentence of the law be postponed, and that the cause, having been continued to the 9th day of August, 1911, was then continued until the 21st day of September, 1911, on which day it was adjudged that the said defendant be confined in the state prison for the term of five years. This judgment has been removed to this court by a writ of error, and the error assigned is that the court, notwithstanding it had postponed sentence, did thereafter pronounce a new judgment against the defendant. Unless it be assumed that the order of the court postponing the day of sentence is a judgment, then it is impossible to conceive upon what theory the plaintiff in error can maintain that a new judgment was pronounced against the defendant.

That the postponement of the day of sentence is not a final judgment seems to us to be beyond debate in this state, and the cases cited by the plaintiff in error as holding otherwise are not pertinent. All we have before us is a record which shows that after conviction the imposition of the sentence was regularly and in due form continued until the sentence was regularly imposed. The record brought here by this writ of error shows that no judgment or sentence was entered or imposed by the court until the last day to which the cause was postponed or continued, and as that record implies verity, and is not subject to collateral assault, we can perceive no foundation for...

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6 cases
  • Foley v. Ulrich, A--945
    • United States
    • New Jersey Superior Court — Appellate Division
    • 30 Marzo 1967
    ... ... In these important respects the factual situation here presented differs from that before the court in Taggart and other reported cases in this State involving icy sidewalks ...         We see no distinction between a dangerous sidewalk condition created under such circumstances and the ... ...
  • Saco v. Hall
    • United States
    • New Jersey Supreme Court
    • 14 Febrero 1949
  • Massey v. Worth
    • United States
    • Delaware Superior Court
    • 8 Marzo 1938
    ... ... alleged, in substance: ... That ... the defendant owned a certain dwelling house and premises on ... the northwest side of the State Highway, leading from ... Wilmington to Philadelphia, in Brandywine Hundred, New Castle ... County, Delaware; that there was a footway or sidewalk ... ...
  • Ex Parte Baer Ex Parte Frank.
    • United States
    • New Jersey Supreme Court
    • 21 Octubre 1947
    ...of the sentence; it is a suspension of the active proceedings. State v. Addy, 43 N.J.L. 113, on page 114, 39 Am.Rep. 547; State v. Gehrmann, 84 N.J.L. 162, 85 A. 1018. The phrase ‘suspended sentence’ means delaying the pronouncement of sentence, and not, a stay of execution. State v. Bongio......
  • Request a trial to view additional results

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