Mahaffey v. State

McQUADE, Justice.

Petitioner-appellant, Paul A. Mahaffey, applied for a writ of habeas corpus on July 22, 1963. He alleged that his confinement was illegal because his sentences were void. More specifically, it was urged therein that the convicting judge had unlawfully delegated to an executive board the judicial function of fitting the punishment to the circumstances of the crime. It was also contended that the sentences imposed were so excessive as to constitute cruel and unusual punishment.

On August 23, 1963, the district court of the Third Judicial District, Ada County, entered a…