State v. Benton

STANFORD, Justice.

This is an appeal from a purportedly illegal sentence of confinement in the state prison for not less than ten years nor more than fifteen years. Judgment was rendered and sentence imposed after appellant had pleaded guilty to the crime of fraudulent procurement of narcotic drugs in violation of Section 68-831, A.C.A.1939.

The one point of dispute is whether, under Chapter 57, Section 6, Laws 1952, now appearing as Section 68-834, A.C.A.1939, 1952 Cum.Supp., the lower court had power to impose a sentence of more than one year’s imprisonment in the county jail when dealing, as…