State v. Carringer

I concur with the majority’s affirmance of the judgments of conviction in this case, but I must dissent from the affirmance of the defendants’ sentences of not less than ten years.

The majority opinion relies upon the case of In re Miller, 23 Idaho 403, 129 P. 1075 (1913), as authority for its decision. The majority opinion has concluded that the maximum sentence for the1 infamous crime against nature is left to the discretion of the trial court.

*932The court in In re Miller, supra, reasoned that although Revised Codes § 6810 (now I.C. § 18-6605) provided only a minimum sentence of not less than…