Starkey v. Cox

MOISE, Justice.

This is an appeal from an order granting petitioner-appellee habeas corpus and ordering his release and discharge from custody.

The record discloses that on September 25, 1959, appellee was sentenced to serve concurrent sentences of “not less than one year” in the state penitentiary on each of two counts of sodomy. On May 11, 1962, being still incarcerated, appellee filed his petition for a writ of habeas corpus alleging that his imprisonment was illegal. Appellant made return thereto, and after hearing the trial court ordered appellee’s discharge.

The order granting the writ…