Dutton v. Willis

Almand, Presiding Justice.

Under this appeal we review the trial court’s order discharging the appellee frdm the custody of the appellant, Warden of the Georgia State Prison.

The case as made by the petition for the writ of habeas corpus and the evidence adduced at the hearing is that: on November 5, 1962, in Fulton Superior Court, the appellee pleaded guilty to a charge of burglary and was sentenced to a term of “10 to 20 years, to serve 2 years and balance probated”; subsequently, appellee was placed on probation; in July of 1966 on petition of a probation officer and order of & Judge of…