People ex rel. Kern v. Silberglitt

Relator’s claim, on this writ of habeas corpus, that the prisoner is entitled to immediate release from confinement, is predicated upon the contention that the sentencing court had no power to impose an indeterminate sentence, in view of statements made by it prior to the imposition of sentence which tend to indicate its belief that he was incapable of reforming. Relator urges that the court’s only power, in the light of its remarks, was to impose a definite sentence of a maximum of one year. A prior application for the relief now sought was denied as premature, but without prejudice to a…