173 Ind. 388 | Ind. | 1910
On February 11, 1907, appellee entered, in the court below, a plea of guilty to an indictment charging
The act of 1907, supra, under which appellee’s application to suspend the collection of said fine was made, took effect after the rendition of the judgment on said plea of guilty, and after judgment had been replevied. Section 2174, supra, provides that the circuit and criminal courts of this State, in certain criminal eases, “shall have power # * * upon the entry of judgment of conviction of such person to suspend such sentence and parole such person by an order of such court duly entered of record as a part of the judgment of the court in such case, * * * whenever such court in the exercise of its judgment and discretion shall find and determine that such person has committed the offense for which he or she has been convicted under such circumstances
As the judgment must be reversed for this reason, it is not necessary for us to determine whether said act authorizes the trial court to suspend the collection of a fine, or whether the same is in violation of article 5, §17, of the state Constitution, which provides that the Governor “shall have the power to grant reprieves, commutations, and pardons, after conviction, for all offenses except treason and cases of impeachment, subject to such regulations as may be provided by law. * * ® He shall have power to remit fines and forfeitures under such regulations as may be prescribed by law.”
Judgment reversed, with instructions to sustain the demurrer to appellee’s petition, and for further proceedings not inconsistent with this opinion.