Page:United States Statutes at Large Volume 76A.djvu/513

–417– -417§ 96. Punishment where only minimum term prescribed When a person is declared punishable for a crime by imprisonment in the penitentiary for a term not less than a specified number of years, and a limit to the duration of the imprisonment is not declared, punishment of the offender shall be imprisonment for any number of years not less than that prescribed. Article B—Subsequent Offenses; Habitual Criminals

§ 111. Punishment for offenses committed after conviction of prior penitentiary o£fense Whoever, having been convicted of an offense punishable by imprisonment in the penitentiary, commits a crime after his conviction, is punishable therefor as follows: (1) if the subsequent offense is such that, upon a first conviction, an offender would be punishable by imprisonment in the penitentiary for any term exceeding five years, he is punishable by imprisonment in the penitentiary for not less than ten years; (2) if the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the penitentiary for five years, or any less term, he is punishable by imprisonment in the penitentiary for not more than ten years; (3) if the subsequent conviction is for petit larceny, or an attempt to commit an offense which, if committed, would, be punishable by imprisonment in the penitentiary for not more than five years, he is punishable by imprisonment in the penitentiary for not more than five years. § 112. Punishment for petit larceny or attempts to commit offenses, after prior conviction of petit larceny (a) Whoever, having been convicted of petit larceny, is subsequently convicted of petit larceny, shall be imprisoned in the penitentiary not more than five years. (b) Whoever, having been convicted of petit larceny, is subsequently convicted for an attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the penitentiary for not more than five years, shall be imprisoned in the penitentiary not more than five years. If the subsequent offense, which he is convicted of attempting to commit, would be punishable, if perpetrated, by imprisonment in the penitentiary for more than five years, he shall be imprisoned in the penitentiary for a term not in excess of the maximum sentence he could receive upon conviction of the offense attempted. § 113. Punishment of habitual criminals Whoever, after having been twice convicted of offenses under the laws of the Canal Zone, or of the United States, or of any other jurisdiction, both of which are felonies in the Canal Zone, commits a felony within the Canal Zone, other than a felony for which the punishment is death or life imprisonment, shall, upon proof of his prior convictions, and of the sentences and committals in connection therewith, be imprisoned in the penitentiarv for a term of not less than 10 years, and the maximum thereof shall be the remainder of his natural life. § 114. Effect of pardon If a person, liable to sentence as a habitual criminal pursuant to section 113 of this title, shows to the satisfaction of the court that he was released from imprisonment upon a former sentence upon a pardon granted on the grounds of innocence, that conviction, sentence und connnittal may not be considered against him.

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