In re Welty

Citations

• 123 F. 122
• 1903 U.S. Dist. LEXIS 210

Syllabus

<p>1. Criminal Law—Validity of Sentence.</p> <p>A sentence of a defendant convicted of crime is legal so far as it is within the letter of the law and the jurisdiction of the court imposing it, and is only void as to the excess, provided such excess is separable and may be dealt with without disturbing the valid portion of the sentence.</p> <p>2. Same—Error in Becord—Power to Correct.</p> <p>Where the sentence to imprisonment of a defendant convicted of crime, as entered, did not contain a requirement of hard labor as provided by the statute prescribing the punishment, the court had jurisdiction at a subsequent term by a nunc pro tunc order to direct an amendment of the entry to include such requirement on conclusive evidence that its omission was an error of the clerk, and that the sentence as actually pronounced was in conformity to the statute.</p> <p>¶ 1. See Criminal Law, vol. 15, Cent. Dig. § 2528</p>