McFadden v. State

OPINION

GALBREATH, Judge.

This is an appeal from the dismissal by the Lauderdale Circuit Court of a declaratory judgment suit by plaintiff in error contending, in effect, that he is being deprived by respondents of his timely right to be considered by the Board of Pardons and Paroles for early release from confinement resulting from a 40 year sentence imposed July 6, 1963, for armed robbery. We treat the action as one seeking relief through habeas corpus.

The petitioner seeks construction of the statutes governing computation of parole eligibility. The two statutes directly involved are T.C.A. §…