Storseth v. State
| Decision Date | 22 October 1951 |
| Docket Number | No. 7759,7759 |
| Citation | 236 P.2d 1004,72 Idaho 49 |
| Parties | STORSETH v. STATE. |
| Court | Idaho Supreme Court |
Robert E. Smylie, Atty. Gen., Blaine F. Evans, William H. Bakes, Asst. Attys. Gen., for appellant.
E. L. Miller, Coeur d'Alene, for respondent.
On December 27, 1949, in Kootenai County, the petitioner, Robert Storseth, 19, entered a plea of guilty of the crime of rape, committed against the person of a female under the age of 18 years, to-wit, of the age of 17 years. On December 29, 1949, the district judge, Honorable O. C. Wilson, adjudged the defendant guilty and fixed the penalty as follows: 'It is hereby ordered, adjudged and decreed that it is the judgment of this Court that you, Robert Storseth, having entered your plea of guilty to the crime of rape, that you are guilty as charged in the Information, and it is the further judgment of the Court that you be delivered to the Sheriff of Kootenai County, State of Idaho, and that thereafter you be delivered by him to the Warden of the State Penitentiary at Boise, County of Ada, State of Idaho, and by him there confined for a period of not more than one (1) year at hard labor.'
The statute providing punishment for rape is as follows: 'Rape is punishable by imprisonment in the state prison not less than one year, and the imprisonment may be extended to life in the discretion of the District Judge, who shall pass sentence.' § 18-6104, I.C.
The petitioner was received at the state penitentiary on January 1, 1950. After serving the year provided for in the judgment the warden continued to hold him in custody. On February 5, 1951, the respondent by petition to the district court of Ada County procured a writ of habeas corpus, and after return thereto and hearing had the district court, Honorable Charles E. Winstead, District Judge, determined that the detention of the prisoner by the warden was unlawful and ordered the warden to release him from custody. From that order the warden appeals.
By his return to the writ the warden claims the right to continue the imprisonment of the petitioner under the provisions of § 19-2513, I.C. So far as pertinent here this section provides:
It is urged that § 18-6104 provides a maximum of life imprisonment and that by § 19-2513 the district judge was required to state and fix in his judgment and sentence the maximum term of life imprisonment as thus provided. In support of this contention we are cited: State v. Lottridge, 29 Idaho 822, 162 P. 672; In re Erickson, 44 Idaho 713, 260 P. 160. In those cases the court held that where the maximum sentence for the particular crime is fixed by the legislature, the court in pronouncing judgment cannot fix a lesser maximum, and that a provision in the judgment of the court attempting to fix a maximum less than that fixed by the legislature is surplusage, and the judgment is to be treated as one for imprisonment for the maximum fixed by the statute.
Prior to its amendment in 1947, § 19-2513 () contained the following provision: '* * * provided further, that in all cases when the maximum sentence, in the discretion of the court, may be for life or any number of...
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Franklin v. State
...See also Spanton v. Clapp, 78 Idaho 234, 299 P.2d 1103 (1956); State v. Evans, 73 Idaho 50, 245 P.2d 788 (1952); Storseth v. State, 72 Idaho 49, 236 P.2d 1004 (1951); People v. Cortez, 199 Cal.App.2d 839, 19 Cal.Rptr. 50 (1962); Bryson v. United States, 265 F.2d 9 (9th Cir. 1959), cert. den......
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State v. Evans
...drawn as to the intent with which the acts are committed, indicates that the two statutes are not necessarily inconsistent. Storseth v. State, Idaho, 236 P.2d 1004; In re Dalton, Idaho, 243 P.2d 594. In a doubtful case the question as to which statute is applicable would be determined by th......
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...a prior law, a repeal by implication is not favored. Golconda Lead Mines v. Neill, 82 Idaho 96, 350 P.2d 221 (1960); Storseth v. State, 72 Idaho 49, 236 P.2d 1004 (1951). It has also been said that to overcome the presumption against implied repeal two acts must be so clearly repugnant, so ......
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