CRIMINAL LAW. On excessive sentence, supreme court will affirm in other respects and remand cause for new sentence ( Hemingway's Code 1927, section 2297).
Where sentence imposed exceeded that permitted by Hemingway's Code 1927, section 2297 (Laws 1918, chapter 189, section 17), supreme court on appeal will affirm judgment in all respects except as to sentence imposed, as to which cause will be remanded for new sentence.
SMITH, C.J.
The only error committed in the court below is that the sentence imposed exceeds that permitted by section 17, chapter 189, Laws of 1918 (Hemingway's 1927 Code, section 2297). Consequently the judgment will be affirmed in all respects except as to the sentence imposed, as to which it will be reversed, and the cause will be remanded for a new sentence.
Reversed in part and remanded