Smith v. Commonwealth

Decided March 21, 1901

Massachusetts Supreme Judicial Court · decided 1901-03-21

Petition for a writ of error to reverse a sentence of the Superior Court in and for the county of Hampden, passed October 3, 1899, ordering that the petitioner, who had been found guilty of larceny from the person of another, be punished by imprisonment in the State prison for not more than seven years and not less than six years, filed January 21, 1901. Pub.

Decided 1901-03-21

Per Curiam.

¶1The sentence was for a longer period than is authorized by the statute. Pub. Sts. c. 203, § 19.

¶2Judgment reversed.

¶3Ordered, that the Clerk of the Supreme Judicial Court, for the County of Suffolk, make the following entry, under said case, in the docket of said Court, viz.:

¶4 *341The full Court reverses the sentence of the Superior Court for the County of Hampden, in the case of the Commonwealth v. Maurice Smith and orders the case remanded to said Superior Court for sentence by that Court according to law and a certified copy of this rescript to be sent by the Clerk of the Supreme Judicial Court for the County of Suffolk to the Superior Court for the County of Hampden.