(DOWNLOAD) "Murray v. Hand" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Murray v. Hand
- Author : Supreme Court of Kansas
- Release Date : January 12, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
The opinion of the court was delivered by The petitioner herein was convicted of grand larceny by the Sedgwick county district court after a jury trial and was sentenced to the penitentiary for a term not to exceed ten years, since it was made to appear that petitioner had a prior felony conviction in the United States District Court of Alabama, all as provided for in sections 21-524 and 21-107a of G.S. 1949. The only real point which the petitioner attempts to raise is that he should not have been sentenced as a habitual criminal because he was within a general presidential pardon as to the prior federal conviction. This presidential pardon was given to all persons honorably discharged from the armed services after serving as much as a years active duty during World War II. It is quite clear that petitioner misconstrues the effect of section 21-107a. It is the fact that petitioner had been convicted of a prior felony, not the term of imprisonment which he actually served or the fact that he was subsequently given a pardon which is controlling as to the applicability of section 21-107a in determining the length of the sentence of the conviction of a second felony, see Current v. Hudspeth, 173 Kan. 694, Syl. No. 1, 250 P.2d 798, and other cases cited in the opinion.
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