State Ex Rel. Anderson v. Winsett

The plaintiffs in error, as petitioners, filed a petition for the writ of habeas corpus, alleging that they were convicted in the Criminal Court of Anderson County for the crime of armed robbery, or robbery while armed, and sentenced to serve fifteen (15) years in the State penitentiary. In essence the ground alleged in the petition is that there is no such offense as armed robbery, because the Legislature has never created such an offense, but has only fixed a punishment for the so-called crime of armed robbery.

A motion was filed on behalf of the Warden to dismiss alleging that the petition…