State ex rel. Tingstad v. Starwich

Citations

• 119 Wash. 561
• 206 P. 29
• 26 A.L.R. 393
• 1922 Wash. LEXIS 830

Syllabus

<p>Criminal Law (370) — Suspension of Sentence. Under Rem. Comp. Stat., § 2280, to suspend a sentence, if a prisoner is sentenced to a term in the county jail, he must be.put in charge of some parole or peace officer not necessarily connected with that institution; and if sentenced to a state penal institution, he must be put in charge of a parole officer of such institution.</p> <p>Constitutional Law (40) — Distribution of Powers — ^Encroachment on Executive — Pardons and Paroles. Rem. Comp. -Stat., § 2280, authorizing the court to suspend a sentence, is not violative of Const., art. 3, § 9, vesting the pardoning power in the governor; and the statute does not authorize a pardon, but only to suspend, “until otherwise ordered by such court.”</p> <p>Criminal Law (370) — Suspension of Sentence — Power to Enforce. Where a sentence has been suspended under Rem. Comp. Stat., § 2280, the fact that the prisoner was not placed in charge of some parole or peace officer, as required by law, does not deprive the court of jurisdiction to enforce the judgment upon the breaking of the parole.</p> <p>Same (370). Where a sentence is suspended and the prisoner released on parole, the court does not lose jurisdiction to enforce the judgment by lapse of the time which the sentence covered.</p>