Cannon v. State

This is an appeal from the denial of a motion for the correction of an illegal sentence under Rule 35(a) of the Criminal Rules of the Superior Court.

In 1961 the prisoner plead guilty to the crime of grand larceny and was sentenced to a term of three years imprisonment and to be whipped with 20 lashes. The sentence thus imposed was suspended and the prisoner placed on probation for the term of five years. On May 8, 1962, the prisoner having violated the conditions of his probation was detained as a probation violator and, on November 13, 1962, the original sentence of three years imprisonment…