Leon D. Phillips v. A. L. Dutton, Warden, Georgia State Prison, Reidsville, Georgia

Appellant was convicted in the Fulton County, Georgia, Superior Court of larceny from the house and sentenced on March 8, 1960 to a term of eight years. On August 4, 1960, he left the penitentiary and was not returned until December 2, 1965. Prior to filing the present petition, a similar petition for habeas corpus was filed in the Reidsville, Georgia, City Court and denied. He testified that on August 4, 1960, while then serving his sentence, he was sent to the Battey State Hospital, Prison Branch, in Rome, Georgia, and was told by the Warden that he was released. The official records of the…