Francis v. State

Plaintiff in error, Frank Francis, was indicted upon a charge of grand larceny. Upon plea of guilty he was sentenced to imprisonment in the Ohio penitentiary “for the term of not less than one year, nor more than seven years and that he stand committed until discharged according to law.”

The offense was committed in 1911. The present indeterminate-sentence law was passed in February, 1913. The plaintiff in error was sentenced in December, 1913.

Counsel for plaintiff in error contends that the law providing for indeterminate sentences was ex post facto and that the sentence should have been…