Dowd v. Sims

This was an action instituted by the appellee, hereafter at times referred to as the prisoner, then an inmate of the Indiana State Prison, against the appellant, as Warden of the said Prison, for a writ of habeas corpus. The court gave judgment in favor of the appellee and ordered his release from the Indiana State Prison. The motion for the new trial being overruled, the appellant has taken this appeal.

An examination of the record reveals that on April 10, 1941, appellee was sentenced to the Indiana State Prison for a determinate period of 10 years for the offense of burglary in the first…