Carmelo v. Maxwell

The petitioner’s chief contention is that his sentence is void for failure of the court to include therein the statutory maximum and minimum penalties.

Petitioner’s sentence is in part as follows:

“The said John P. Carmelo, a. k. a. John Como, having been convicted of statutory rape, it is therefore the sentence of the court that he be imprisoned in the penitentiary of this state, and kept at hard labor (no part of said time to be kept in solitary confinement), until legally discharged, and that John P. Carmelo, a. k. a. John Como pay the costs of this prosecution, taxed at three hundred…