State v. Monfre
State v. Monfre
Opinion of the Court
A bill of information was filed against Joseph Monf re,. charging him with the crime of attempting to blow up, with explosives, the house and store of C. Graffinini.
He was tried on the 27th day of August, 1908; he was sentenced to. serve 20 years.
Pending the -trial, the Legislature then in session passed a law known as Act No. 263, p. 384, of the session of 1908.
He alleged that the last act had the effect of repealing prior acts. This contention is erroneous. The last act, in its last sentence, does away with that which is sometimes mentioned as a “legislative pardon.” The terms of the last act are a complete answer to the application. Even if it had been urged in-time, it would be of no avail.
See the terms of Act No. 263, p. 384, of 1908.
Applicant’s demand is rejected, and his petition dismissed.
Reference
- Full Case Name
- STATE v. MONFRE. Ex parte MONFRE
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Criminal Law (§ 15*) — Statutes—Express Repeal. Where, pending the trial of accused for blowing up, with explosives, a house, etc., Laws 1908, p. 384, Act No. 263, was enacted, section 1 of which made it a capital offense to will-’ fully blow up, etc., any house, etc., wherein persons are customarily found, and section 2 (page 385) repealed all conflicting laws, but provided that no offense theretofore committed against the repealed laws should be condoned thereby or its prosecution affected, the prior acts were not repealed, so as-to affect the prosecution of accused. [Ed. Note. — For other cases, .see Criminal Law, Cent. Dig. §§ 17-19; Dec. Dig. § 15.*]