State v. Mallahan

Citations

• 65 Wash. 287
• 118 P. 42
• 1911 Wash. LEXIS 916

Syllabus

<p>Criminal Law- — Sentence—Suspension—Power oe Court- — Statutes. Rem. & Bal. Code, § 2191, in effect when a plea of guilty was entered, and § 2280, in effect when the defendant was finally committed, authorized the court to suspend sentence upon a plea of guilty, and to commit the defendant thereafter.</p> <p>Same — Validity. A suspension of sentence requiring the defendant to report once a week to the officer and once a month to the court, is not a final discharge as a release at common law, by reason of failure to expressly recite that the suspension was during “good behavior,” where the suspension was under a statute authorizing the same during good behavior.</p> <p>Criminal Law — Sentence — Indeterminate Term — Attempts— Burglary. Under Rem. & Bal. Code, §§ 2794, 2986, and 2193, fixing the maximum penalty for burglary at 14 years and providing that the maximum term of an indeterminate sentence for attempted burglary shall not exceed one-half of the maximum for burglary, without any restriction on the minimum term, a sentence of not less than five and not more than seven years for attempted burglary is not an abuse of discretion.</p>