(Download) "Edward Albert King v. State Idaho" by Supreme Court of Idaho No. 9672 # Book PDF Kindle ePub Free
eBook details
- Title: Edward Albert King v. State Idaho
- Author : Supreme Court of Idaho No. 9672
- Release Date : January 27, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Edward Albert King, appellant, entered a plea of guilty to second degree murder in the District Court of the Fifth Judicial District, Bannock County, with judgment being entered January 19, 1965, sentencing him to serve a term of not to exceed sixty years, which sentence appellant is presently serving in the Idaho State Penitentiary. Appellant petitioned the Third District Court of Ada County for a writ of habeas corpus, contending that his sentence by the Bannock County District Court was illegal. The trial court entered an order denying and dismissing the petition on the ground that appellant's petition was premature and failed to show the sentence was illegal or constituted cruel or inhuman punishment. Appellant has appealed from such order. Appellant contends that the court erred in holding his petition was prematurely filed; that the petition did not state grounds for issuance of a writ of habeas corpus in that the sentencing Judge did not have the right to fix a sentence of sixty years as punishment for second degree murder; that a sixty year term is unlawful, illegal and excessive, and in violation of Idaho Const. Art. 1 § 6, being out of proportion to the nature of the crime to which the plea of guilty was entered.