The opinion
Given, Judge,
concurring:
I concur in the conclusions of the Court, relating to the lack of jurisdiction of the Circuit Court of Jefferson County to impose that part of the sentence declared void. The reason for the action of the Legislature, however, in limiting the jurisdiction of trial courts in some cases to a single .term has caused me concern, though, of course, the Court is. not required to. spell out any reason why the legislation was enacted. Nevertheless, especially in habeas *609 corpus proceedings, principles of due process should be matters of concern of the courts. As I understand the opinion, the Court does not hold that additional punishment can not be imposed on a defendant as to prior convictions, in the circumstances of this case, but merely that a particular court may not do so after a certain time.
The real problem, to my mind, is solved by consideration of the provisions of Code, 62-8-4, as amended, relating to the imposition of such additional punishment by the Circuit Court of Marshall County, the county wherein the state penitentiary is located, in the event such additional punishment was not imposed in the court of the last conviction, pursuant to Code, 61-11-18, 19, as amended. When the two statutes are considered, the statutory provisions accord to persons previously convicted and made liable for such additional punishment the same or equivalent rights as to the procedure for the imposition of such additional punishment. Some persons previously convicted are not relieved as to such additional punishment, for example, where the necessary facts were unknown to the prosecuting attorney in time to file an information, while others are subjected thereto. In this view of the total legislation, I see no denial of due process. Moreover, the treatment of the matter by the Legislature has the salutary effect of permitting persons convicted of serious offenses to be moved to the state penitentiary immediately after conviction, thereby preventing, at least in some cases, confinement in local jails until some future term or terms of court for such purposes as allowing prosecuting attorneys, or others, to conduct investigations, or, to obtain witnesses from distant points.
I am authorized to say that Judge Browning concurs in the views herein expressed.