People v. Smith — 60 N.Y. St. Rep. 246

Majority

p. 246

The People, Resp’t, v. William J. Smith, App’lt.

(Supreme Court, General Term, Second Department,

Filed May 14, 1894.)

Headnote

Criminal law—Plea of guilty.

Section 332 of the Criminal Code does not prohibit a conviction on a 1 plea of guilty of manslaughter in the second degree, though the indictment is for murder in the first degree.

p. 247

Application for writ of habeas corpus on the ground that imprisonment is illegal.

Stapleton & Miles, for app’lt; James W. Ridgway, dist. att’y, for the People.

There is no merit in the contention urged by the appellant. Section 35 of the Penal Code provides as follows: “ Upon the trial of an indictment the prisoner may be convicted of the crime charged therein, or of a lesser degree of the same crime, or an attempt to commit the crime so charged, or an attempt to commit a lesser degree of the same crime.” This section speaks for itself. Section 382, Code Crim. Pro., provides that no conviction shall be had upon a plea in cases where the crime is punishable by death or state prison for life. The appellant was not convicted ■of any such crime, but of one punishable for a term of years. Section 332 does not provide that a man may not plead guilty of any crime whatever, but simply that no man shall be convicted upon such a plea where the punishment is by death or imprisonment for life. The matter is too simple and plain to require argument It may be added that courts are bound to decide under well-settled rules of statutory' construction, without regard to what ■was the intention of the man who drafted the law. Order affirmed.

All concur.