In re Vitali

The petitioner was convicted of murder in the second degree. He was sentenced to the Michigan State prison at Jackson for life and is now serving sentence. It is his claim that he is entitled to be discharged because section 3 of Act No. 184 of the Public Acts of 1905, known as the indeterminate sentence law, repeals that part of the statute allowing a sentence for life as punishment-for the crime of murder in the second degree. No claim is made that the proceedings leading up to and including the conviction were not proper, but it is said that the sentence does not comply with the provisions…