In re Blystone

Citations

• 75 Wash. 286
• 134 P. 827
• 1913 Wash. LEXIS 2221

Syllabus

<p>Criminal Law — Excessive Sentence. Under Rem. & Bal. Code, § 2281, providing that, where no minimum term of imprisonment is prescribed by law, the court shall fix the same at not more than five years, the court may fix a minimum term of fifteen years for forgery in the first degree, under Id., § 2583, providing a maximum term of twenty years without fixing any minimum term.</p> <p>Habeas Corpus — To Discharge Prisoner — Excessive Sentence. Habeas corpus does not lie to secure the discharge of a prisoner sentenced to serve an excessive minimum term of imprisonment, prior to the expiration of the minimum term authorized by law, where the court had jurisdiction of the person and of the offense; since the prisoner is not serving in excess of the term which the court had power to impose.</p>