State Ex Rel. Lillemoe v. Tahash

Rogosheske, Justice.

A writ of habeas corpus issued on defendant’s petition was discharged after a hearing, and he appeals.

The question presented is whether the term of defendant’s imprisonment under two separate 5-year sentences has expired. We hold that it has not expired and affirm the decision of the habeas court.

On September 1, 1961, the court sentenced defendant to a maximum 5-year term of imprisonment upon his conviction after a plea of guilty to the crime of receiving stolen property. Execution of this sentence was stayed, and during such time defendant was placed on probation. On June…