State v. Foreman

The application of Joe Foreman for a writ of habeas corpus asserts that he is being illegally detained in the State Penitentiary. The events leading up to the trial and conviction of the applicant are set forth in the opinion of this Court in State v. King, 62 S. D. 184, 252 N. W. 36. The premise of the application is that applicant was charged and convicted under Section 4052, Rev. Code of 1919, which provides for a penalty of imprisonment in the State Penitentiary not exceeding five years, and that the trial court exceeded its jurisdiction in sentencing him to imprisonment for the remainder…