Ex Parte Rody

Habeas corpus., The petitioner is confined in the State penitentiary and contends that under Sec. 9086, R. S. 1939, sec. 8442, Mo. Stat. Ann., p. 6214, enacting the so-called “three-fourths rule” he is entitled to discharge. His imprisonment is accredited to a warrant of commitment issued by the Jackson County circuit court,' dated January 9, 1937, and based on a five-year prison sentence imposed after a plea of guilty to robbery. In October, 1938, while transferred to á sawmill camp- operated by the penitentiary in Callaway County and under guard, petitioner fled and escaped apprehension for…