Application of Richardson

POWELL, Presiding Judge.

Petitioner, Billy Charles Richardson, is confined in the State Penitentiary at Mc-A1 ester. We have for consideration an original and a supplemental petition for writ of habeas corpus. We also have a response filed by the Attorney General in behalf of the Warden.

The facts do not appear to be in dispute. The law applicable to the facts forms the basis of disagreement.

The history of the case discloses that petitioner was first received in the Penitentiary on November 11, 1954, from Craig County under sentence of five years for burglary* second degree. Prior to completing…