Franklin v. State

*294SMITH, Justice.

This appeal raises the issues whether a district court in withholding sentence on a felony charge, pursuant to I.C. § 19-2601, commuted the sentence to a period of jail servitude ordered as a condition of probation; and whether the court had jurisdiction, under I.C. § 19-2601, to incarcerate the accused in the county jail as a special condition of the probation order.

Appellant having been accused of committing a felony by an information filed in the Ninth Judicial District Court, was arraigned before the Hon. Faber F. Tway, Judge of the court, January 10, 1961, and, represented…