Board of Prison Comissioners v. Smith

Opinion of the Court by

Judge Miller

Reversing.

Appellee, Smith, was indicted for the crime of murder; and, being tried, was convicted of the crime of voluntary manslaughter, and his punishment fixed at confinement in the penitentiary for a period of twenty-one years. Smith v. Commonwealth, 140 Ky., 599. The crime was committed before the passage of the Indeterminate Sentence Act of 1910, hereinafter referred to. After being confined in the penitentiary for more than two years he applied for parole. His application was refused, and he brought this suit against the Board of Prison Commissioners…