“The grounds for a new trial are purely statutory. The court cannot provide any other ground.”
How later courts described this case
- “The grounds for a new trial are purely statutory. The court cannot provide any other ground.”
- “The grounds for new trial are purely statutory. The court cannot provide any other ground.”
Written by the judges who cited it.
The opinion
KEETON, Justice
(dissenting in part).
I concur with Mr. Justice Thomas that the proceedings taken against the áp'pellant disclose sufficient facts to warrant the jury in finding the appellant guilty as charged, and that there are no reversible errors.
However, it is my opinion the penalty imposed is extremely excessive and should, in the exercise of judicial discretion, be substantially and materially reduced. Section 18-4007 I.C., as amended by the 1949 S.L., Ch. 126, page 222, makes a distinction between the punishment to be imposed for voluntary and involuntary manslaughter. One found guilty of involuntary manslaughter may be fined not exceeding $1,000 or imprisoned for a term of not exceeding ten years, or punished by both such fine and. imprisonment.
In the instant case, without detailing all the circumstances which caused the death of the deceased Stewart, it is apparent tome from reading the transcript that there were contributing factors other than the actions of appellant. The actions of appellant and such contributing facts caused the unfortunate consequence. This should be-.given weight in fixing the penalty.
The appellant had no criminal intent, nor is she a criminal, as generally understood. Technically, she is guilty • of involuntary manslaughter. Under the provisions of Section 18-4007 I.C., as amended, and Section 19-2601 I.C., amended by the 1949' S.L., page 211, a wide discretion is vested in the court in sentencing one convicted of a crime.
I consider the sentence imposed in this case too severe and entirely disproportionate to the gravity of the crime. Punishment is imposed for the protection of society and the reformation of the culprit. No useful purpose can be served in this case by confining appellant in the penitentiary for the term imposed by the trial judge, or any substantial part of it. The imposition o>f excessive punishment does not curtail crime.
*413 Where the punishment imposed shows an absence of legal discretion it should he reduced.
I call attention to the 1953 Session Laws, page 495, section 53, where the Legislature has taken notice of the disparity which has existed in the punishment prescribed in manslaughter and negligent homicide cases. The former maximum penalty of ten years imprisonment has been by the Legislature reduced to one year.