71 P. 531 | Utah | 1903
after stating the facts, delivered the opinion of the court.
Section 4905, Revised Statutes 1898, so far as material to this case, reads as follows: “After a , . verdict of guilty ... if the judgment is not arrested or a new trial granted, the court must appoint a time for pronouncing judgment, which must be at least two- days after the verdict, if the court intends to- remain in session so long; or if not, as remote a time as can reasonably be allowed.” Section 4913 provides: “When the defendant shall appear for judgment, he must be informed by the court, or by the clerk under its direction, of the nature of the charge against him, and of his plea, and the verdict, if any thereon, and must be asked whether he has any legal cause to- show why judgment should not be pronounced against him.” Section 4915 is as follows: “If no sufficient cause is alleged or appears to the court why judgment should not be pronounced, it must -thereupon be rendered.” The record shows that the proceedings- 'in the case up to- the time “fixed fo-r passing sentence were- regular, and the foregoing provisions of the statute complied with. Therefore the only question fo-r this court to determine is, did the court, by indefinitely -suspending the sentence, losa jurisdiction of the person of the defendant, or did it still ref-tain jurisdiction, with legal power and authority to sentence him to the State prison eleven months- after he had been discharged fro-m custody? Under the foregoing, provisions of the statute, a trial court undoubtedly has the authority to postpone sentence from time to time for a proper purpose, such as to inform itself of the circumstances surrounding the commission of the crime for which the defendant stands convicted, and thereby determine what penalty, under the facts of the particular case, ought to be imposed, and also to enable the defendant to make the necessary preparations to move for an arrest o-f judgment or for a new trial. In fact, there are many exigencies that could arise which might, in the
The conclusion is irresistible that the commitment by which the defendant is restrained of his liberty is illegal. It is ordered that he be discharged.