People ex rel. Stein v. Murphy

Appeal from an order of Clinton County Court dismissing a writ of habeas corpus theretofore issued in petitioner’s behalf and remanding him, to custody. Petitioner says that because he is a second offender a definite sentence should have been imposed upon him, instead of an indeterminate sentence; that seven years is the maximum definite sentence which may be imposed; that deducting earned compensation, he has served more than the time required and is entitled to release from custody. Assuming that his sentence is to be regarded as a definite sentence of seven years, the difficulty with his…