In re Cummins

December 1, 1903, upon his plea of guilty, the petitioner was convicted of having committed the offense of larceny upon the 28th day of October, 1903. The following sentence was pronounced upon him:

“Therefore it is ordered and adjudged by the said court now here that the said John Cummins be confined in the State prison at Jackson, Michigan, at hard labor, for the maximum and minimum period of five years from and including this day.” . ,

It is the claim of the-petitioner that this sentence is in violation of the indeterminate sentence law, which took effect before the crime for which the…