116 N.Y.S. 990 | N.Y. App. Div. | 1909
On the 18th day of November, 1908, Frank M. Gagliardi was convicted of the crime of feloniously aiding illegal voting by inducing
Punishment is either the act of inflicting a penalty for an offense or the enduring of the penalty. (Century Diet, title “ Punishment.”) The word “ punishment ” as used in the statute under consideration may, therefore, relate either to the act of the court in determining the extent of the punishment to be inflicted and imposing a proper sentence to give effect to such intent, or it may relate to the physical pain and discomfort connected with the enduring of the sentence inflicted. Which meaning will the better promote justice and effect the objects of the law ?
Offenses against the elective franchise, like those against the laws relating to gaming, bribery, or in violation of the statutes enacted under the provisions of the interstate commerce clause of the Federal Constitution,
The order appealed from should be affirmed.
■ Woodward and Jenks, JJ., concurred; Gaynor, J., concurred on the ground that the immunity has no reference to persons already convicted of the crime ; Rich, J., dissented.
Order affirmed, without costs.
See art. 1, § 8, subd. 3.—[Rep.