Terwilliger v. Eaton

The petitioner has heretofore made several applications for relief in various proceedings in connection with the sentence imposed upon him as a fourth offender by the County Court of the county of Tioga.

*777Petitioner is now confined in Auburn State Prison under the sentence which he claims is illegal.

Petitioner was originally sentenced in Tioga county on November 20, 1931, as a fourth offender, after a plea of guilty to a felony, to serve the remainder of his natural life pursuant to section 1942 of the Penal Law.

In March, 1933, a habeas corpus proceeding was brought before the County Court of…