(Download) "State v. John A. Thomson" by Supreme Court of New Hampshire " eBook PDF Kindle ePub Free
eBook details
- Title: State v. John A. Thomson
- Author : Supreme Court of New Hampshire
- Release Date : January 31, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The Superior Court (Keller, J.) reserved and transferred without ruling the question of law whether it had power to review
a criminal sentence after the expiration of the term of court during which sentence was imposed when the defendant had not
been delivered to the executive department for service of his sentence. This case does not involve an illegal sentence which
can be reduced, modified and corrected at any time. Doyle v. O'Dowd, 85 N.H. 402 , 159 A. 301; State v. Richard, 99 N. H.
126, 129, 106 A.2d 194, 196; Annot. 106 A.L.R. 847. The defendant was convicted of being an accessory before the fact of breaking, entering and larceny in the nighttime and
was sentenced to a term in the State Prison. His conviction was affirmed on appeal (State v. Thomson, 109 N.H. 205, 247 A.2d
179) and certiorari was denied by the Supreme Court of the United States on March 10, 1969. Thomson v. New Hampshire, 394
U.S. 903, 22 L.Ed. 2d 226, 89 S.Ct. 1017. The defendant had been free on bail during these appeals and on March 12, 1969 filed
this petition for review of his sentence. Whether the Trial Court has the power to review the sentence imposed is the issue
reserved and transferred in this case.