Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1916-01-24
JAIL DOOR OPENED
BY SUPREME COURT
Continued from Page II

(COnllHueu from rage ~
sentenced to six bonths in the Nye
county Jail on a verdict finding him
guilty of a gross misdemeanor in con
nection with charge of criminal libel,
was applied for in the supreme court
this afternoon by Sam Platt of the
firm of Plat & Sanford which firm
has been asso lated with Milton NJ
Detch as counsel for Booth. The APP
plicaton is based on numerous legal /
grounds. In the event Booths release
is refused by the supreme court At
torney Plat said this afternoon that !
the supreme court VIII be asked to
admit Booth to bail pending further
action in court In case the applica-
ton for writ is granted and the I
contentious of Booths attorneys are
sustained the case Will be ended
Alege Verdict is Wrong
Counsel for Booth contended that
the verdict finding him guilty Of a
gross misdemeanor is not responsive
to the issues raised in the information
filed against him and will argue to
the court that the verdict should
either have been guilty or not guilty.
1t will be eontended that, in return
ing a verdict of guilty of a gross mis-
demeanor, the jury simply found him
guilty of a "class of offense' and, hav-
ing so found, the court had no juris-
diction to impose sentence on such
verdict.
, Wrong Sentence Imposed
The application for a writ also
I urges that the statute defining a gross
misdemeanor provides that the SEN
tence imposed by the court on YER
! dict of gross misdemeanor, for which
I no other punishment shall be provided
by statute, shall be for some period of
T time greater than six months, where.
as the court in the Booth case impos-
ed a sentence under the definition of
mere misdemeanor by confinement
S in the county Jail for six months. 1t
will be contended that the court had
% no jurisdiction under the verdict to
q impose sentence not provided by
AZ statute.
Law Specifies Sentence
IS Another point raised in the applica
N ton for a writ is the contention tina
10 the criminal libel act itself provides
10 a special penalty in the event of con
o. viction which precludes the court from
imposing sentence or entering judg
N demeanor under statute providing
40 that such sentence shall be impose,
10 unless a special penalty is provide,
,s. by statute.
n Illustration is Used
m II will be contended, through illus
tration, that il the verdict in tn
i, Booth case is allowed TO stand dc
he PENDANT may be indicted for murde
of and the jury may bring in verde
nj finding him guilty of a felony, or
ar class of crime not responsive to tn
m wal So tOhtuincu III tut lliOil
a 1t will also be urged that there I
he nothing known in common or staff
oh tory law as degree of criminal libel
nm and that no lesser ofense may b
carved out of it, so that the jury wa
nc only warranted in finding the defent
Il. ant guilty of criminal libel as define
"a. by the statute under which he wa
40. informed against. therefore bein
"a. without power or authority to fin
ne him guilty of minor offense.
90 May Appeal for Bail
"a. Counsel for Booth express ever
"a. confidence that under the law, til
~ supreme court will find II necessar
al to discharge their client from Jail, bl
In the event that 1t does not, II
understood that they will make a 70
NAL application to the court for ADM
sion to bail on the ground that IL
statute under which Booth was i
rs formed against provides FOR a penalt
for Of Imprisonment In the state prise
a and therefore Is felonious statut
II will be argued that convictic
under a felonious statute gives Il
supreme court Jurisdiction upon a