William Isaacs v. State of Maryland
23 Md 410
CASE SUMMARY
PROCEDURAL POSTURE: Defendant appealed the sentence imposed by the Criminal Court of Baltimore City (Maryland) following his conviction for larceny.
OVERVIEW: Defendant was convicted of larceny and the criminal court sentenced him to confinement in the penitentiary for a period of 12 years and ordered that he serve and
labor for said period. He appealed, contending that the order of service and labor was illegal, which rendered the sentence void, and for the further reason that the sentence omitted any
reference to restitution as required by statute. The court affirmed the sentence, finding that the order of service and labor did not violate the sentence for larceny as established by Md.
Ann. Code art. 30, § 98. That statute prescribed a period of incarceration for larceny but made no mention of service and labor. The court held that the sentence under art. 30, § 98
established the term of imprisonment while Md. Ann. Code art. 73, § 37 permitted the imposition of service and labor during the period of incarceration. That portion of Md. Ann. Code
art. 30, § 98 that pertained to restitution was merely declaratory of the victim's rights the property stolen and formed no part of the sentence proper, so omitting restitution from the
sentence did not render it void.
OUTCOME: The court affirmed the sentence imposed against defendant following his conviction for larceny.
Appellate Court Records:
COURT OF APPEALS (Docket) William
Isaacs v. State of Maryland, 1865, April Term no. 137, p. 311 [MSA S412-8, 1/66/14/39].
COURT OF APPEALS (Opinions) William
Isaacs v. State of Maryland, 1865, April Term no. 137 [MSA S393-21, 1/65/12/63].
COURT OF APPEALS (Briefs) William
Isaacs v. State of Maryland, 1865, April Term no. 137 [MSA S375-39, 1/64/13/8].
COURT OF APPEALS (Judgments) William
Isaacs v. State of Maryland, 1865, April Term no. 137 [MSA S381-157, 1/62/11/13].
Trial Court Records:
BALTIMORE CITY CRIMINAL COURT
(Criminal Docket) State v. Isaacs, 1863, September Term no. 19, p. 4 [MSA C1849-24, 3/29/14/45].
BALTIMORE COUNTY CIRCUIT COURT
(Criminal Removal Docket) State v. Isaacs, 1863, p. 78-79 [MSA C319-2, 2/49/12/28].
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