Department of Public Welfare v. Polsgrove

Opinion of the Court by

Judge Willis — Granting

writ.

This proceeding presents interesting and important questions of substantive and procedural law. The first concerns the propriety of a writ of prohibition" to an inferior court, and the second relates to the legal effect of a sentence in excess of the statutory penalty. The state of facts out of which they arise is somewhat novel. James Rynol, Jack Ross, Frank Dunleavy, and Henry Anderson were indicted in the Hart circuit court for the crime of robbery. The several defendants entered a plea of guilty, and the circuit court instructed the jury…