In re Melosevich
Nevada Supreme Court
Original application of Trifke Melosevich for a writ of habeas corpus. The facts sufficiently appear in the opinion. Upon the legislature alone is conferred the power to fix the minimum and maximum for the punishment of all crimes. (People v. Whitney, 105 Mich. 622; People v. Smith, 94 Mich. 644.) Indeterminate sentence provides extreme penalty and provides mitigation, and any attempted sentence short of this is a nullity.
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Original application of Trifke Melosevich for a writ of habeas corpus. The facts sufficiently appear in the opinion. Upon the legislature alone is conferred the power to fix the minimum and maximum for the punishment of all crimes. (People v. Whitney, 105 Mich. 622; People v. Smith, 94 Mich. 644.) Indeterminate sentence provides extreme penalty and provides mitigation, and any attempted sentence short of this is a nullity. (State v. Page, 60 Kan. 664.) Fixing maximum penalty where fixed by law is a nullity and full maximum must be imposed. (Ex Parte Duff, 141 Mich. 623.) Was not the very…
1Opinion of the Court
By the Court,
Norcross, J.:
This is an original proceeding in habeas corpus. The petition alleges that the applicant is unlawfully .confined in the state prison because of the alleged fact that the commitment by virtue of which he is so confined is based upon avoid judgment. Applicant was regularly indicted, tried, and convicted of the crime of grand larceny. Based upon the jury’s verdict of guilty, on August 14, 1912, judgment was entered, upon the order of the court,"that defendant, Trifke Melosevich, be confined in the penitentiary at Carson City, Nevada, for the period of not less than two…
2Cases cited8 opinions
- Miller v. StateIndiana Supreme Court · 1898
- Terry v. ByersIndiana Supreme Court · 1903
- In re CampbellMichigan Supreme Court · 1904
- In re DuffMichigan Supreme Court · 1905
- Ex parte DarlingNevada Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lisby v. StateNevada Supreme Court · 1966
- Spillers v. StateNevada Supreme Court · 1968
- State v. SquierNevada Supreme Court · 1936
- State v. MooreNevada Supreme Court · 1925
- Cave, Keener v. HaynesSupreme Court of Iowa · 1936
8 more not listed; retrieve them via the Exa API.