In re Miller
Idaho Supreme Court
Original application on behalf of Matt Miller for a writ of habeas corpus. A district judge has no jurisdiction to sentence for a longer ■period than five years one charged with and found guilty of •the crime against nature. (Black on Judgments, sec. 253, p. •316; Ex parte Cox, 3" Ida. 530, 95 Am.
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Original application on behalf of Matt Miller for a writ of habeas corpus. A district judge has no jurisdiction to sentence for a longer ■period than five years one charged with and found guilty of •the crime against nature. (Black on Judgments, sec. 253, p. •316; Ex parte Cox, 3" Ida. 530, 95 Am. St. 29, 32 Pae. 197; In re Lucas, 17 Ida. 164, 104 Pac. 657; In re Walton, 17 Ida. .171, 104 Pac. 659, and In re Chase, 18 Ida. 561, 110 Pae. 1036.) The court had jurisdiction to sentence defendant for a longer period than five years. The punishment by imprisonmént for a number of years beyond five…
1Dissent
AILSHIE, C. J.,
Dissenting. — I cannot agree with my associates in reading into the statute, sec. 6810, the provision which they construe it as containing providing for a maximum penalty to be left to the discretion of the court. -That part- of sec. 6810 which provides the only penalty therein *409named says that the offense described is punishable by imprisonment in the state penitentiary “not less than five years.” It contains no intimation, however, as to what the maximum penalty is, nor does it contain any suggestion that the maximum is to be left to the discretion of the court. My associates…
2Cases cited3 opinions
- State v. MulkeyIdaho Supreme Court · 1899
- In re RowlandIdaho Supreme Court · 1902
- In re BurgessIdaho Supreme Court · 1906