People v. Kelley

Decided January 24, 1890

Michigan Supreme Court · decided 1890-01-24

•Error to Van Burén. (Buck, J.) Respondents were convicted of burglary on their plea of guilty, and sentenced to State prison for the term of three years and six months, and remanded to jail to await the execution of such sentence; after which they broke jail, and were recaptured, whereupon the sentence was vacated and a heavier one imposed, which is set aside, and the original one stands in full force.

Relies on People v. Meservey

Good law ✅— No negative treatment on recordhow we know

Decided 1890-01-24

How this case has been cited

Cited by 9 later decisions — most recently December 1945

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Grant, J.

¶1The defendants pleaded guilty to an information for burglary. On January 16, A. D. 1888, they were sentenced to the State prison at Jackson for the period of three years and six months. On January 19, 1888, the court set aside that sentence, and imposed, a sentence of five years.

¶2This case is governed by the case of People v. Meservey, 76 Mich. 223 (42 N. W. Rep. 1133), wherein the facts were substantially the same. The first sentence must therefore stand in each case.

¶3The order of the circuit court made on January 19, A. D. 1888, is annulled and set aside, and also the order of the same date imposing the sentence of five years. It will be certified accordingly to the circuit court for the county of Van Burén, and to the warden of the State prison at Jackson.

The other Justices concurred.