In re Peterson

Citations

• 19 Idaho 433
• 113 P. 729
• 1911 Ida. LEXIS 18

Syllabus

<p>Habeas Corpus — Judgment — Form op — Losing Jurisdiction — Sentence — Suspending Indefinitely.</p> <p>(Syllabus by tbe court.)</p> <p>1. Where on a plea of guilty tbe defendant is sentenced to imprisonment for a term of six months and a fine of $300 and costs of suit, and it is provided in tbe judgment that in case said fine and costs are not paid, defendant be imprisoned in tbe county jail until said fine and costs are paid, at tbe rate of one day’s imprisonment for each two dollars of the fine and costs, not exceeding 172 days in all, and it is further ordered that upon payment of said fine and costs tbe judgment for six months’ imprisonment be suspended until further order of tbe court or the judge thereof, and the defendant pays said fine and costs and is released without bail, the court has no authority to have the defendant rearrested and imprisoned to serve out said term of imprisonment.</p> <p>2. The final sentence and judgment against the defendant cannot be made a mere matter of discretion with the judge or court to depend upon the subsequent conduet of the convicted person. Such sentence is wholly unauthorized by law, and a defendant imprisoned thereunder will be discharged on habeas corpus.</p>