Salt Lake Telegram | 1931-06-01 | Page 6 | Kirkland Sentence Will be Argued

KIRKlAND SENTENCE Will BE ARGUED Judge Reacts to Criticism of Term Given Slayer of Arlene Draves Ind lad June 1 Associated atM Press Pms Grant Crumpacker Crum- Crum packer p criticized for the 1 to 10 year t sent sentence nce he pronounced on Virgil of Arlene KIrkland for the slaying Droves Draves toda today ordered the Gary youth returned here from Pendleton reformatorY reformatory reformatory matory and said he would hear arguments arume ar ar- ar- ar ume ts on ona a new sentence The court acted on its own Initiative Initiative initiative Initia initia- tive and said it would set aside the sentence of last Wednesday after a a second Jury had convicted KIrkland in the girls girl's death The verdict was assault and batt battery ry with Intent to ta rape Jud Judge e Crumpacker said he still sun contended the law provided for a 1 to 10 year term in the case of a a. minor not previously convicted of or a n. felony despite the opinion of Attorney General Gen Gen- eral James M M. Ogden that It should have b been n 5 to 21 years ears His action adion to bring back KIrkland anticipated that of the prosecutor who immediately ly afterward moved for a rehearing on the sentence KIrkland Kirkland KIrk Kirk- land was to be bro brought here today and arguments heard tomorrow morning AGE INVESTIGATED Estill said he was Inv investigating Kirklands Kirkland's age The boys boy's mother Mrs Elmer EJmer KIrkland has sworn he was under 21 He was sentenced under under un der the Juvenile act Estill also said he and the Lake count county bar planned to take action against issuance of oC changes of venue from Lake county to Porter county where the Kirkland case was heard He said the murder trial of Frank McErlane Chicago gang leader forthe for forthe forthe the death of a young oung Cedar Lake attorney attorney at at- torney several years ago influenced their decision McErlane was as tried in Porter county on a a. change of oC venue from Lake Ogden said that the act of 1927 on which Judge Crumpacker based his sentence did not repeal the act of or 1921 which provided the thc heavier penalty The Judge retorted the act of 1921 did not fit the Kirkland ca case e