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LATIMER, Justice. This is a petition for a declaratory judgment brought by Robert H. McCoy, requesting a judicial interpretation of certain statutory provisions as applied to his terms of confinement. From a judgment in the court below declaring that the petitioner was entitled to be released from prison July 11, 1950, the defendant, warden of the Utah State Prison, brings this appeal. From the stipulation of facts upon which the cause was heard in the lower court, it appears that petitioner was convicted of the crime of robbery and on December 20, 1924, was sentenced to prison for an indeterminate term of five years to life; that on March 14, 1925, he was taken from prison, tried and convicted of the crime of murder in the first degree, and sentenced to life imprisonment; that the homicide of which he was convicted occurred away from the scene of the robbery, but during the time petitioner was being pursued; that in sentencing the petitioner on the murder conviction, the court did not specify whether the sentence would run concurrently or consecutively with the previous sentence for robbery; that on June 27, 1934, the Board of Pardons terminated the robbery sentence and on January 16, 1937, the Board commuted the murder sentence to a term of twenty-five years; that if the sentences run concurrently, petitioner is entitled to be released on July 11, 1950; and that if the sentences run consecutively petitioner's sentence is scheduled to be satisfied on September 22, 1959.

Professional & Technical
October 7
LawApp Publishers

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