State Ex Rel. Arbogast v. Mohn

McGraw, Justice:

These cases, one an appeal on writ of error, and the other a petition for habeas corpus, are consolidated for our determination since they both present similar basic issues. The major issue is: should a criminal defendant be allowed the benefit of a statutory amendment which was not in effect at the time the offense was committed but which was in effect at the time of conviction and sentencing, where the amendment has the effect of reducing the offense from a felony to a misdemeanor and where the defendant did not elect to be sentenced under the new law prior to conviction?…