Skinner v. Prather

The opinion of the court was delivered by

Hutchison, J.:

This is an original proceeding wherein the petitioner seeks a writ of habeas corpus against the warden of the state penitentiary to discharge him from confinement therein because chapter 191 of the Session Laws of 1927 (R. S. 1931 Supp. 21-107a), known as the habitual-criminal act, is unconstitutional in that the additional penalties authorized thereby to be imposed for second and third offenses are assessed by district judges of this state with discrimination upon those of the same class, thus denying the petitioner and others the equal…