Carl John Alfred Hammerberg. Case No. 5148. Letter from C. Louis Weeks to Charles E. Vasaly, January 15, 1921.
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CLIFFORD L. HILTON.
ATTORNEY GENERAL C. LOUIS WEEKS. DEPUTY ATTORNY GENERAL CORRESPONDENCE SHOULD BE ADDRESSED TO THE ATTORNEY GENERAL |
State of Minnesota
Legal Department St. Paul |
HENRY C. FLANNERY
EGBERT S. OAKLEY JAMES E. MARKHAM ROLLIN L. SMITH MONTREVILLE J. BROWN ALBERT F. PRATT C. H. CHRISTOPHERSON ASSISTANT ATTORNEYS GENERAL |
5148 Hammerberg
January 1, 1921.
Charles E. Vasaly,
Esq.,
Superintendent of the State Reformatory,
St. Cloud,
Minnesota.
Dear Sir:
Your letter of 12th inst. reads as
follows:
“Carl John Hammerberg was received form St. Louis County January 8,
1921, having been found guilty of the crime of riot under and within the
provisions of subdivision 1 of section 8794, General Statutes of Minnesota 1913.
He received an indeterminate sentence. In the sentence of the Court the crime
was styled the crime of instigating a riot. We have fixed the maximum at five
years for our records. Is this correct?”
Assuming, as I must without having before me the indictment, that it, as set
forth in your letter, charges an offense under the provisions of subdivision 1
of section 8794, Statutes 1913, then and in such case the maximum period of
imprisonment is five years unless the court in imposing sentence prescribed a
maximum less than that set for the in the statute.
Very
truly,
C. Louis Weeks
CLW/LB Deputy Attorney General