Osborne v. Hudspeth

The opinion of the court was delivered by

Thiele, J.:

Petitioner institutes this original proceeding for a writ of habeas corpus to procure his release from the penitentiary.

The facts giving rise to his contention that his imprisonment is unlawful are generally not in dispute. Under date of April 22, 1938, petitioner was convicted in the district court of Franklin county of the crime of perjury (G. S. 1935, 21-701), and was sentenced to the penitentiary until discharged according to law. The maximum sentence for the offense is seven years (G. S. 1935, 21-702). Under date of June 1, 1939, he was…