State v. Horne

Citations

• 52 Fla. 125

Syllabus

<p>1. Where a prisoner has accepted a conditional pardon and has been released from imprisonment by virtue thereof, but has violated or failed to perform the condition, conditions or any of them, the pardon in case of a condition precedent does not take effect, and in case of a condition subsequent becomes void and the criminal may thereupon be re-arrested and compelled to undergo the punishment imposed by his original sentence or so much thereof as he had not suffered at the time of his release.</p> <p>2. A conditional pardon may by its express terms provide that upon violation of the conditions the offender shall be liable to summary arrest and re-commitment for the unexpired portion of his original sentence. Such stipulations upon aceptance of the pardon become binding upon the convict and authorize his re-arrest and re-commitment in the manner and by or through the officials authorized as stipulated in the pardon.</p> <p>3. Under a statute which provides that “in all cases the court shall award the sentence and shall fix the punishment or penalty prescribed by law,” the power of the court extends to fixing the punishment, that is, the length of time within the given maximum a prisoner should be imprisoned. The law does not contemplate that the court in fixing the punishment shall also fix the beginning and end of the period during which the imprisonment shall be suffered. The time fixed for executing a sentence or for the commencement of its execution is not one of its esential elements, and strictly speaking is not a part of the sentence at all. The essential part of the sentence is the punishment, including the hind of punishment and the amount thereof without reference to the time when it shall be inflicted. • The sentence with reference to the kind of punishment and the amount thereof should as a rule be strictly executed. But an order of the court with refernce to the time when the sentence shall be executed is not so material. Expiration of time without im