In re Prout
Idaho Supreme Court
ORIGINAL application for a writ of habeas corpus. Writ granted and ease heard on return made by the warden of the penitentiary. Where a prisoner is released on parole and the term of his sentence is not specifically suspended, it continues to run and expires as it would had he served his term in the manner originally intended. The parole is a change of manner of punishment only and not a suspension of the sentence.
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ORIGINAL application for a writ of habeas corpus. Writ granted and ease heard on return made by the warden of the penitentiary. Where a prisoner is released on parole and the term of his sentence is not specifically suspended, it continues to run and expires as it would had he served his term in the manner originally intended. The parole is a change of manner of punishment only and not a suspension of the sentence. (Woodward v. Murdoch, 124 Ind. 444, 24 N. E. 1047; West’s Case, 111 Mass. 443.) The statutes of Idaho provide that before the good time allowed by law is taken from a convict,…
1Opinion of the CourtAilshie, J.
The petitioner was on the eighteenth day of May, 1903, sentenced to serve a term of three years in the state penitentiary for the crime of embezzlement, the judgment providing that the term of imprisonment should commence to run from the date of his delivery to the warden of the penitentiary. He was received at the penitentiary on the twenty-fourth day of May, 1903, and continued upon the service of his sentence until the sixth day of October, 1904, on which date he was released by the board of pardons on parole, under sections 13 and 14 of the act of February 2, 1899 (Sess. Laws 1899, pp.…
2Cases cited12 opinions
- United States v. WilsonSupreme Court of the United States · 1833
- Ex Parte WellsSupreme Court of the United States · 1856
- Fuller v. StateSupreme Court of Alabama · 1898
- Woodward v. MurdockIndiana Supreme Court · 1890
- Arthur v. CraigSupreme Court of Iowa · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- State v. EvansIdaho Supreme Court · 1952
- Ex Parte RidleyCourt of Criminal Appeals of Oklahoma · 1910
- Standlee v. StateIdaho Supreme Court · 1975
- Commonwealth Ex Rel. Meinzer v. SmithSuperior Court of Pennsylvania · 1935
- Wilborn v. SaundersSupreme Court of Virginia · 1938
34 more not listed; retrieve them via the Exa API.