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MAURICE SMITH vs. COMMONWEALTH.

Where a prisoner was sentenced for a period longer than authorized by the statute under which he was indicted, the sentence was reversed on writ of error, and the case remanded to the Superior Court for sentence by that court according to law.

PER CURIAM.

The sentence was for a longer period than is authorized by the statute. Pub. Sts. c. 203, § 19.

Judgment reversed.

ORDERED, that the Clerk of the Supreme Judicial Court, for the County of Suffolk, make the following entry, under said case, in the docket of said Court, viz.: The full Court reverses the sentence of the Superior Court for the County of Hampden, in the case of the Commonwealth v. Maurice Smith and orders the case remanded to said Superior Court for sentence by that Court according to law and a certified copy of this rescript to be sent by the Clerk of the Supreme Judicial Court for the County of Suffolk to the Superior Court for the County of Hampden.

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SMITH v. COMMONWEALTH
(Mar 21, 1901)