
    POWER OF COURT OVER SENTENCE AFTER TERM.
    [Circuit Court of Franklin County.]
    Frank Schaefer v. State of Ohio.
    
    Decided, December, 1905.
    
      Criminal Law — Judicial Discretion — In Suspending or Revolting Suspension of Sentence — Not Impaired by Passing of Term.
    
    In the absence of statutory enactments to the contrary, the power of a police judge to revoke the suspension of a sentence on his own motion, continues after the term in which it was pronounced.
    Dustin, J.; Wilson, J., and Sullivan, J., concur.
    
      C. D. Saviers, for plaintiff in error.
    
      J. M. Builer, for defendant in error.
    Error to Franklin County Common Pleas Court.
    
      
      
         Affirming In Re Clara Lee, 3 N. P. — N. ¡3., 533.
    
   It has been established in Ohio that a court may, in indefinite terms, suspend the execution of a sentence in a criminal case (State v. Allen, 68 Ohio St., 516). We think it follows that the same judge may revoke the' suspension, on his own motion, at any time even after term.

But even if the conditional suspension can not extend beyond the term, the sentence is not thereby invalidated and can be carried into execution at any time.

The views of Judge Dillon on this question, in the Lee case, seem to us to be sound.

The judgment of the common pleas court is therefore affirmed.  