Price v. Holman

SIMPSON, Justice.

This is an original petition for habeas corpus brought to this Court by Price, who is confined in Kilby Prison under sentence to life imprisonment.

It appears that petitioner first brought a petition before a judge of the Circuit Court of Montgomery County. The writ was issued and the respondent made return thereto. After hearing, the Circuit Judge denied discharge of the prisoner and remanded him to the custody of the respondent. This judgment bears date of December 14, 1965.

The State has moved to strike the' petition on the ground that habeas corpus is not the proper remedy.…