Montgomery v. Eyman

UDALL, Chief Justice.

Appellant sought habeas corpus in the Superior Court of Pinal County, alleging that his sentence to the state prison at Florence was in excess of that permitted by law and was therefore void. The lower court refused to issue the writ and this appeal was subsequently filed.

An earlier application, made originally "to this court was denied, See Montgomery 'v. Eyman, No. 7907, April 16, 1963, but the record does not show the ground for denial. Because it might have been for the reason that such proceedings should originate at •the Superior Court level, we consider the merits…