Magee v. State

CATES, Judge.

This is an appeal from a judgment dismissing a petition for habeas corpus on motion of the Attorney General.

Magee, while in Kilby Prison for some unspecified felony, did something which led *72to his subsequent indictment and conviction for destroying State property.

For this latter offense, Magee was again sentenced to two years imprisonment. Of the validity of this trial, he complains in his petition. His petition fails to show" that the latter sentence had been put into execution by the warden.

■The petition was filed October 10, 1962; and, accordingly, under State v. Davis, 156…