Herndon v. Wingo

DAVIS, Commissioner.

Gary Herndon, presently confined at Eddyville State Penitentiary, sought release through the writ of habeas corpus. The lower court denied the relief and Hern-don has appealed.

The gist of appellant’s claim for relief is summarized: On February 13, 1963, he was convicted in the Calloway Circuit Court upon his guilty plea to an indictment under KRS 433.220; his punishment was fixed at imprisonment for five years. Thereupon, says appellant, he was granted probation and simultaneously “released to the jurisdiction of the State of Tennessee” for the purpose of standing trial…