McNary v. Green

The single question raised by this action is whether a prisoner is entitled to have the time served under a sentence which is subsequently vacated credited to a prior existing sentence.

It is appellant’s position that the conviction which was vacated was voidable and not void and that there was a binding judgment between the state and the appellee which continued until it was vacated. It is appellant’s argument that the time served was served under a conviction which was valid until it was set aside and that appellee is not entitled to have this time credited to his prior conviction.

We are not…