In Re Lemire

Defendant was convicted in circuit court of selling intoxicating beverages without a license. The court, intending to follow CL 1948, § 436.50 (Stat Ann 1957 Rev § 18.1021), which pre scribes the punishment therefor, sentenced defendant to serve 11 months to 1 year in the State Prison for Southern Michigan, township of Blackman, county of Jackson. Under CLS 1956, § 769.28 (Stat Ann 1959 Cum Supp §'28.1097 [1]), commitment for such duration may not be made to that prison, but only to county jail or the Detroit House of Correction. Pour days after sentence the sheriff took defendant from county…