Ex Parte Thorpe

This is an appeal from the Court of Appeals of Madison county in a habeas corpus action filed originally in that court. The appellant was indicted, tried and convicted of criminal libel under Section 13383, General Code, the pertinent part of which provides that a person convicted thereunder “shall be fined not more than $500 or imprisoned not more than five years, or both.” The trial court sentenced appellant to the penitentiary “there to be imprisoned under the rules and regulations of said institution for a period of not less than two (2) years, nor more than five (5) years, as provided by…