State Ex Rel. Williams v. Henry

By habeas corpus proceedings relator seeks an adjudication that he is being illegally confined in the state prison.

The circumstances of his confinement are that on February 11, 1931, the district court of Beaverhead county sentenced him to imprisonment in the state prison for a term of 20 years for the crime of burglary committed on January 1, 1931. He contends that the court had no jurisdiction to impose a sentence of 20 years because the conviction must be held to be for burglary in the second degree and that under the law the maximum sentence for burglary in the second degree is five years…