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die acmanusCU1MFXAL STATLTK DEFECT.There is More the supreme court a I Indianapolis a ««* ill which it id being contended that Uiu passage* of the indc* term male sentence law* repealed ihcwliele t-rimiiiiii code which exislwl prior to LliC piking effect of llm now law, and Unit iL i absolutely impossible to punith ft man jiijw Tor a crime coinmihnd before the indeterminate lair became openitire.31 is the case of William Hicks against Hie state of Indiana, which was sent up trnm Floyd counLy. 3lick? committed a minor offense prior In tlm enactment or itifi iiidelormm-do ^entente lav, was I lied after the law became operative and sentenced to three months in jnil under the old low. His atlomeya contended, in iludi brief, lately filed with the supreme crim l. tlmt as all lau\s a ml parts of law., in conHirf’ with the indeterminateni'iiteiive lav ate rrpenivd. the b\w coverin'; Hick:/ offence in repealed and Ilia I Ihu application of !!«■ imletcrmiinite sen-ti-mt* hiv Hgaiu-d 3licks would be ux post facto in effect, and, therefore, an imcmtd i( uLianal nut.Tin* Ht.lor.iey general ui the slate says that, tlm i-an ingenious argument, but without basis* in fact or precedent. The alale'H brief in the disc was written by Alfred K Dickey, of Dickey Aydelolto. In Hie brief it i« aigued. that the old criminal code in dill effective for crimes committed while the laws were in open force. This rule lm.: always been followed, it is claimed, anl the legishi Lure reliinl upon ilu force in thid c-a*e when it pass’d thft indeterminate sentence Ian. Wilhout tliib raving ell eel. there would be absolutely no punishment for crime;. commit.-tod prior to April IT 181*7.
Newspaper Details
Fort Wayne News
Fort Wayne, Indiana, US
Tue, Apr 12, 1898
Page 11
Full Page
Clipped by
Kokomo-Howard C.
IN, USA 08 Sep 2017
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