In re Setters

Citations

• 23 Idaho 270
• 128 P. 1111
• 1913 Ida. LEXIS 51

Syllabus

<p>Habeas Corpus — Indeterminate Sentence — Judge cannot Pix Term.</p> <p>(Syllabus by the court.)</p> <p>1. See. 7034, Eev. Codes, provides a penalty of not less than one year and not more than fourteen years for the ofíense described in such section.</p> <p>2. Under the provisions of the indeterminate sentence act of March 11, 1909, every person convicted of a felony or other crime punishable by imprisonment in the penitentiary, exeept treason and murder in the first degree, if judgment be not suspended or new trial granted, shall be sentenced to the penitentiary as provided by law. The court imposing such sentence shall not fix the limit or duration of the sentence, but the term of imprisonment of any person so convicted shall not exceed the maximum nor be less than the minimum provided by law for the crime for which the person was convicted and sentenced. This act also provides that in all cases where the maximum sentence in the discretion of the court may be for life or any number of years, the court imposing the sentence shall fix the maximum sentence, and that in all cases where no minimum sentence is fixed by law, the court imposing sentence shall fix such minimum, which minimum shall not be less than six months nor more than five years, the release of such persons to be. determined as provided in said section.</p> <p>3. The indeterminate sentence act of March 11, 1909, amends see. 7034, Eev. Codes, and the term of imprisonment is for not less than one year nor more than fourteen years, the minimum and maximum fixed by said section.</p> <p>4. Where a person is tried and convicted under sec. 7034, Eev. Codes, and such crime is committed and such judgment entered subsequent to the taking effect of the indeterminate sentence act approved March 11, 1909, and the sentence of the court is, that the defendant be confined in the state penitentiary for a period of not less than three years nor more than five years, upon an application for a writ of habeas corpus, whe