Morgan v. Mount

Jenkins, Justice.

The petitioner for habeas corpus pleaded, guilty of of an automobile, and was imprisoned under an unconditional written sentence of three to five years in the penitentiary. He based his petition on the ground that this sentence did not conform to the oral statement of the judge, made in open court at the time of the plea, that the period of sentence would run concurrently with a previous Federal sentence imposed on the petitioner. There was positive testimony by several witnesses in support of these averments, which, however, was contradicted by other testimony. The judge…