169 Mass. 592 | Mass. | 1897
A sentence of a married person to confinement at hard labor for life, or for five years or more in the state prison, or in a jail or house of correction, is made a ground for obtaining a divorce in favor of the husband or wife of the person so sentenced. Pub. Sts. c. 146, § 2. Prior to the passage of St. 1895, c. 504, there was hardly a possibility of question in regard to the length of the time for which sentence was imposed. The first section of this statute is as follows: “ When a convict is sentenced to the state prison, otherwise than for life, or as an habitual criminal, the court imposing the sentence shall not fix the term of imprisonment, but shall establish a maximum and minimum term for which said convict may be held in said prison. The maximum term shall not be longer than the longest term fixed by law for the punishment of the offence of which he is convicted, and the minimum term shall not be less than two and one half years.” Then follows a provision authorizing the prison commissioners, with the approval of the Governor and Council at any time after the expiration of the minimum term to issue to the convict a permit to be at liberty upon such terms and conditions as they shall deem best, with power in them to revoke the permit at any time previous to the expiration of the maximum term for which he may be held under the sentence. The violation by the holder of a permit of any of its terms or conditions immediately renders it void. If a permit is revoked or becomes void, the commissioners of prisons may issue an order authorizing the arrest of the holder of the permit and his return to the prison. When returned he is to be detained according to the terms of his original sentence, and the time between his release upon the permit and his return to the prison is not computed as a part of the term of the sentence.
The libellee was sentenced to the state prison under this statute for not less than three or more than six years, and the question is whether he was sentenced for five years or more,
Decree for the libellant.