| Show I COURT ALLOWS MUT ARTS ART'S CLAIM Imprisonment After Expiration of Stipulated Term Is Held Illegal i APPEAL WILL BE TAKEN I Validity of Provision in Act Authorizing Indeterminate Sentence at Issue I That the tho Indeterminate t sentence statute enacted h by tho Legislature of or 1013 1913 is Invalid In and unconstitutional Is considered to bo be tho the effect of ot a decision decision deci deci- sion rendered yesterday b by Judge FC F F. o C Loofbourow of or tho the district court In granting a writ of ot habeas corpus In tho the caso case of ot Sheldon C a prisoner In inthe tho the state penitentiary against Arthur Pratt w warden of or tho the state state- The Therit writ rit Issued by the court grants rt his liberty from tho the prison on the ground round that he Is being Illegally hold held by tho the warden wI but an order was Issued b by the court staying proceedIngs proceedIngs proceedings proceed proceed- ings under the thc writ and nd leaving n the tho custody of or the warden until July 0 G to give tho the state nl opportunity to appeal appeal appeal ap ap- ap- ap peal to the tho supreme court of or Utah from the decision of or the court court- Attorney General A A. A R. R R Barnes Corthe for Cor forthe the tho state stale gave c notice that the state would appeal and Ond now the tho vald validity It of or ortho the tho act Is Ic to be tested In the court of or last resort Provision Pro of The action was as brou brought ht b by who ho W was as S sentenced d to nine months In Inthe inthe the state prison on for attempted robbery robben His term expired a fow few days das ago and when he demanded his relea release e. e the warden to permit him to leave contending that under Section 2 cf t th the th indeterminate sentence statute definite terms of or sentence are also allo to be conall- conall consid- consid eyed ered indeterminate hence under this act the tho authorities can retain a prisoner prison prison- er or even after aCer he has served a R definite term until he ho shall hal havo served ser the tho maximum time provided by bl the statutes for tor hi his crimo or until ho he Is s released b by bythe bythe the board of ot pardons counsel contended that this thle la law Is unconstitutional on the tho grounds that the title tte dees s d not specifically sot set forth the purposes of ot the act that It I seeks to repeal other statutes b by Inference inference Infer infer- ence only onh that t It I violates th the Fourteenth Fourteenth Fourteenth Four Four- amendment to the United States constitution and that It I violates Section Sec See Utah tion ton 7 Article Artcle I of the Constitution of or |
