16 Utah 478 | Utah | 1898
TMs is an application for a writ, upon the information of the attorney general, prohibiting the defendants from paroling certain convicts serving terms in the state prison. It is alleged by the plaintiff that the defendants are about to release the prisoners named, in pursuance of the following sections of the revised statutes of this state: “The board shall have power to establish rules and regulations, under which any prisoner, who is now or hereafter may be imprisoned under a sentence other than for murder in the first or second degree, and who may have served a minimum term provided by law for the crime for which he shall have been convicted (and who shall not have previously been convicted of felony and served a term in a penal institution) and any prisoner who is now or hereafter may be imprisoned under a sentence for murder in the first or second degree, and who has now, or hereafter shall have served, under said sentence twenty-five full years, may be allowed to go upon parole outside of the prison buildings and their inclosures, but to remain, while on parole, in the legal cdstody and under the control of the board, subject at any time to be taken back within the institution,” — and the following rules adopted in pursuance of the statute: “Know all men by these presents, that the state board of corrections of the state of Utah, desiring to test the ability of-, a prisoner of the state prison to re