State v. Graham

RUSSELL, Judge.

OPINION

This is an appeal by the State from the granting of the writ of habeas corpus to the appellee, Condon Graham, resulting in his release from the State penitentiary where he was serving a one year sentence upon a 1965 Hamilton County conviction for petit larceny. The order granting the writ apparently followed an “evidentiary hearing” at which the allegations of the petition were apparently stipulated to be true. We have before us no bill of exceptions, only a technical record.

The thrust of the habeas corpus petition is that Graham has already served the State sentence,…