Jones v. Smith

Nichols, Justice.

The petitioner in this habeas corpus case was indicted for rape. After waiving formal arraignment, copy of bill of indictment, etc., he entered a plea of not guilty on April 10, 1970. On April 22, 1970, his plea of not guilty to the offense of rape was changed to a plea of guilty of aggravated assault. He was sentenced to ten years imprisonment upon such charge and thereafter the present petition for a writ of habeas corpus was filed. The trial court, after hearing evidence, remanded the prisoner to custody and he filed the present appeal. Held:

1. Under the provisions of Code…