State ex rel. Dawson v. Sapp

Citations

• 87 Kan. 740
• 125 P. 78
• 1912 Kan. LEXIS 225

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Conviction — Duty of Court — Sentence. Whenever a verdict or plea of guilty has become final, the court is under an absolute duty to pronounce sentence, and has no discretion, as a disciplinary measure, to suspend it.</p> <p>2. • — —— Guilty — Suspension of Sentence — Jurisdiction Lost. Where after a verdict or plea of guilty the defendant is permitted to go at large under an arrangement that he shall escape punishment unless the court shall in the future determine to impose a sentence, the jurisdiction of the case is lost with the expiration of the term, and no valid sentence can thereafter be pronounced.</p> <p>8.--Same. The rule stated applies notwithstanding the sentence purports to be suspended until a certain, date, for the purpose of retaining control of the defendant, who is ordered to appear at that time and show that he h-as not violated the law in the interval.</p>