Russell v. State ex rel. Arthur

The defendant in error, Arthur, filed a petition for the writ of habeas corpus in the Criminal Court of Morgan County, Tennessee, on November 23, 1964. This petition was duly answered by the Warden and came on to be heard on March 26, 1965, wherein the trial judge held that Arthur had been denied his right of appeal and thus ordered Arthur remanded to the custody of the Sheriff of Hamilton County to await a new trial on the charge contained in the indictment upon which he had originally been convicted. The Warden has appealed and assigned various errors, but the controlling question presented…