Parker v. State

Citations

• 51 Miss. 535

Syllabus

<p>1. Criminal Practice: Sentence: Power of Court.</p> <p>Where a court imposes fine and imprisonment, when the statute confers power to punish only by fine or imprisonment, and the fine is paid, it cannot, even during the term, modify the judgment by imposing imprisonment instead of the former sentence.</p> <p>3. Same: Casein judgment.</p> <p>P. was convicted and sentenced to pay a fine; a motion for a new trial was made and taken under advisement. At a subsequent term the former judgment was vacated and a different and larger sentence imposed: Held, that the power of the court at the term subsequent to the trial was limited to the granting or refusing of a new trial, and that it was error to then pronounce another and a different sentence.</p>