In re Davis

Citations

• 6 Idaho 766
• 59 P. 544
• 1899 Ida. LEXIS 66

Syllabus

<p>Writ of Mandate — Custody of Prisoner — Criminal Law — Ex Post Pacto Law — Changing Place of Execution — Judgment.— The provision of section 159 of the Eevised Statutes of 1887 ia intended as and is a general saving clause to penal statutes, amendatory and otherwise, and continues in force a statute as it existed as to all offenses committed prior to repeal, and a person convicted of an offense and sentenced to death prior to repeal must be punished under the law as it existed at the time of the commission of the offense. Act of February 18, 1899 (Session Laws 1899, p. 340), amending certain sections of the Eevised Statutes of 1887, regulating the time, place and manner of in-flieting the death penalty, construed with section 159 of the Revised Statutes, is not applicable to past offenses and is prospective only in its operation.</p> <p>(Syllabus by the court.)</p>