Herring v. Ault

Mobley, Chief Justice.

R. L. Herring brought his post-conviction habeas corpus petition, alleging that his confinement under sentence of five years for larceny of a tractor was void because it was entered in violation of his constitutional rights to be secure against unreasonable searches and seizures, and to have a speedy trial.

The respondent filed a motion for summary judgment as to the first contention and a motion to dismiss as to the second contention. These motions were granted, and the petitioner remanded to the custody of the respondent. He appeals from this judgment.

The appellant…