Kennedy v. State

Defendant-appellant (Kennedy) appeals from a denial of post conviction relief, and challenges the constitutionality of the “Good Time” statute as it applies to indeterminate sentences. Kennedy had been found guilty of Aggravated Assault and Battery and on October 24, 1969, was sentenced to an indeterminate term of not less than one nor more than five years.

After contending that certain findings by the court were erroneous, Kennedy launches into a constitutional argument, pointing out the unfairness of the application of “good time” statutes where indeterminate sentences are concerned. He…