Thomas v. State

LIVINGSTON, Chief Justice.

On the 19th day of May, 1959, the appellant, Richard Jewell Thomas, was tried and convicted in the Circuit Court of Clarke County, Alabama, or carnal knowledge of a girl under 12 years of age, and his punishment fixed at 25 years in the penitentiary, The defendant gave notice of appeal.

On the 20th day of May, 1959, the defendant withdrew his notice of .appeal and waived suspension of sentence pending his appeal and began serving his sentence at once.

On the 18th day of September, 1961, Thomas filed his petition in the Circuit Court of Clarke County, Alabama, for writ…