LANE, ETC. v. Hobbs

This is an appeal from the granting of a writ of habeas corpus by the LaPorte Circuit Court, which released the appellee, Arnold G. Hobbs, from the Indiana State Prison where he was committed to serve a fifteen year sentence by the Circuit Court of Allen County, Indiana for embezzlement.

After the jury’s verdict of guilty, the court fixed the sentence of fifteen [15] years.

The appellee contends that the penalty fixed by the statute was a determinate period of not less than two [2] nor more than twenty [20] years, which it was the duty of the jury to fix instead of the court under the statute,…