110 Mich. 676 | Mich. | 1896
The petitioner is serving his second term in the state prison at Jackson. His first term expired April 19, 1893. His second term began February 10, 1894, and was for three years. Act No. 118, Pub. Acts 1893, took effect May 26, 1893. Section 33 of that act provides that convicts who shall have no infractions of the rules of the prison against them shall be entitled to a reduction from their sentences according to a certain, scale, with a proviso that a convict who shall be serving a second term in said prison shall be entitled to a less favorable reduction. If the provisions of this act are applied to the petitioner, and he is treated as now serving his second term, his term will not expire until November 16th of this year, but, if he is treated as though serving his first term, he is now entitled to his release.
‘ ‘ This is not a case where the law has authorized the imposition of an increased penalty for a second offense, but one where a certain class of offenders are denied the benefits of, a certain rule made for the maintenance of good order in the prison.”
We think it competent for the legislature to establish such a rule, and that it is not ex post facto legislation. See Cooley, Const. Lim. (6th Ed.) 327; Ross’s Case, 2 Pick. 165; Com. v. Phillips, 11 Pick. 28; Plumbly v. Com., 2 Metc. (Mass.) 413; Com. v. Marchand, 155 Mass. 8; Ex parte Gutierrez, 45 Cal. 429; People v.
The petitioner is remanded.