Franklin v. State

392 P.2d 552 (1964)

Edward Reid FRANKLIN, Petitioner-Appellant,

v.

The STATE of Idaho, Defendant-Respondent.

No. 9268.

Supreme Court of Idaho.

May 26, 1964.

Jones & Jones, Boise, for appellant.

Allan G. Shepard, Atty. Gen., R. La Var Marsh, Asst. Atty. Gen., Boise, for respondent.

SMITH, Justice.

This appeal raises the issues whether a district court in withholding sentence on a felony charge, pursuant to I.C. § 19-2601, commuted the sentence to a period of jail servitude ordered as a condition of probation; and whether the court had jurisdiction, under I.C. § 19-2601, to incarcerate the accused in the…