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State Ex Rel. Reed v. Howard

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eBook details

  • Title: State Ex Rel. Reed v. Howard
  • Author : Supreme Court Of Indiana
  • Release Date : January 31, 1946
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

This appeal is from a judgment denying a writ of habeas corpus. The petition therefor shows that July 10, 1937, appellant upon conviction of a felony was sentenced to the custody of the Board of Trustees of the Indiana Reformatory for an indeterminate term of one to ten years, which, we may assume, he served. In the same court in 1942 he was convicted of another felony and, with knowledge of the prior conviction, the Judge sentenced him to the Reformatory for an indeterminate term of two to five years, where he was confined until February 17, 1945, when over his protest he was transferred to the State Prison on an order made by the State Department of Public Welfare pursuant to clause (n) of ร‚§ 52-1104, Burns 1933 (Supp.), enacted in 1936. This order, he contends, was void as an unconstitutional interference by an administrative board with the sentence of the court, subjecting him, he says, to the greater stigma of confinement in the State Prison.


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