183 A. 688 | Conn. | 1936
On April 25th, 1935, the plaintiff was found guilty of murder in the first degree, the crime having been committed on March 5th, 1935, and in pursuance of a proper warrant was delivered to the warden of the state prison, within which he is now being held. The judgment directed, in the usual form, that on August 22d 1935, before the hour of sunrise, within the prison walls and by the warden or deputy warden, Simborski should be hanged by the neck until he was dead. This judgment in its statement of the *197
manner in which the execution was to be performed was in strict compliance with the terms of the statutes then in effect. General Statutes, 6497, 6498. The plaintiff appealed from the judgment to this court and, pending the appeal, he was duly reprieved by the Governor until January 14th, 1936. On January 7th, 1936, this court found no error upon the appeal. State v. Simborski,
That issue arises out of the fact that after the entry of the judgment directing his execution, the Legislature of 1935 passed two acts, the effect of which was to change the method of execution of a death sentence. One of these, Chapter 161 of the Public Acts of 1935, in its first section directed the warden to appoint a suitable person to perform the duty of executing sentences of the court requiring the infliction of the death penalty; the second section repealed so much of 6497 and 6498 of the General Statutes as was inconsistent with the terms of the act; and the third section provided that the act should take effect from its passage. It was signed by the Governor on May 21st, 1935, and therefore took effect that day. Later in the session, Chapter 266 of the Public Acts of 1935 was passed. The first section of this act in terms amended a sentence in 6497 of the General Statutes, making a complete substitution therefor; the second section in terms amended 6498 of the General Statutes, making a complete substitution for it; the third section repealed Chapter 161 of the Public Acts of 1935; and the fourth section provided that the act should take effect upon its passage. The changes material to the case before us made in the law by these acts were to provide that the execution of the death *198 sentence might take place on the day designated by the judge imposing sentence or within five days thereafter, instead of on the day designated; that the execution should be by electrocution, instead of by hanging; and that the penalty should be inflicted by some suitable person designated by the warden instead of by the warden or his deputy.
In 1860 the case of State v. Daley,
The situation before us is clearly within the intent of these provisions. In effect they attach to every act repealing a statute within their purview a saving clause such as that suggested in State v. Daley, supra, under which the repealed statute still remains in full effect as regards any matter covered by it. Chittenden v. Judson,
Chapter 161 of the Public Acts of 1935 is fully within the terms of 6561 and 6568 by reason of its express provision for the repeal of so much of 6497 and 6498 of the General Statutes as was inconsistent with it. Chapter 266 of the Public Acts of 1935 does not contain any express repeal of the provisions of those sections, but it does substitute for a sentence of the former and for all of the latter complete new statutory provisions. This constitutes just as complete and effective a repeal of the provisions in the place of which the substitution is made as though they had been in terms repealed. Where a section of a city charter was replaced by an act amending it to read in a certain way, we said: "The amendment of 1917 substituted 119, as therein recited, for the section as it had previously existed. Those portions of the original section which were omitted from the section in its new form, ceased to be the law and were as effectually repealed as it was possible to accomplish a repeal." Aston Motor Car Co. v. Mannion,
To the questions asking whether the provisions of Chapter 161 and 266 of the Public Acts of 1935 affect the judgment against the plaintiff, we answer "No." To the question asking whether the plaintiff may lawfully be hanged in accordance with that judgment, we answer "Yes." To the question asking whether the plaintiff is illegally confined and deprived of his liberty without due process of law, we answer "No."
No costs will be taxed in this court.
In this opinion the other judges concurred.