Stout v. State

CATES, Judge.

Appeal from denial of habeas corpus. Appellant was remanded to the Warden of Kilby Prison.

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The State’s “Return & Answer” to the writ alleged that Stout was held under a mittimus (i. e. an indictment, judgment and sentence of the Jefferson Circuit Court, Birmingham Division). The sentence for three years was passed October 27, 1959 on a plea of guilty.

The court put Stout on probation for five years (with the three-year sentence suspended during that time).

The State’s return shows:

“This the 28th day of May, 1962, upon it being shown to the Court that the defendant has violated the…