Opinion
[No. 25, October Term, 1938.]
Decided October 28th, 1938.
Criminal Law — Suspension and Imposition of Sentence — Double Jeopardy — Cruel and Unusual Punishment.
That the court, on being told that defendant was subject to prosecution in another county, suspended sentence, the docket entry reading "sentence suspended and released to" the authorities of that county, did not involve an imposition of sentence or of a condition which, if fulfilled by defendant, would exempt him from liability to sentence, and the court could thereafter impose sentence without hearing defendant as regards any such fulfillment or non-fulfillment, the imposition of sentence after its suspension being specifically authorized by Code (Supp. 1935), art. 27, sec. 577A.
The fact that the court, before imposing sentence, ten days after its suspension of sentence, again took testimony, presumably to aid its memory as to the facts and to guide its judgment as to the measure of punishment, did not involve the placing of defendant in double jeopardy.
In view of Code, art. 27, sec. 481, providing that one convicted of the crime of robbery shall be sentenced to the penitentiary for not less than three nor more than ten years, the sentence of one convicted of two robberies under separate indictments to concurrent terms of ten years was within the court's discretion, and was not cruel and unusual punishment within the Declaration of Rights.
Decided October 28th, 1938.
Appeal from the Criminal Court of Baltimore City (O'DUNNE and ULMAN, JJ.).
Two criminal proceedings against William H. Rahe. From an order (ULMAN, J.) overruling a motion to strike out judgments of conviction and sentence thereunder (O'DUNNE, J.), defendant appeals. Judgments affirmed.
The causes were argued before BOND, C.J., URNER, OFFUTT, PARKE, MITCHELL, SHEHAN, and JOHNSON, JJ.
Robert B. Elliott, for the appellant.
Herbert R. O'Conor, Attorney General, Hilary W. Gans, Deputy Attorney General, and William H. Maynard, Deputy State's Attorney for Baltimore City, submitting on brief for the State.
Unreported cases.