Smith v. Hess

— This is a habeas corpus proceeding, instituted by appellant against appellee, as the sheriff of Marion county, to release himself from an alleged illegal imprisonment. The record of the criminal court of Marion county, introduced in evidence upon the .hearing below, shows that on the 21st day of August, 1883, appellant pleaded guilty to a charge of grand larceny in that court. As a part of the record entry, showing the plea, is the following: “ Sentence withheld.” Nothing further appears in the records of that court in relation to the case until the 27th day of October, 1883. The entry upon…