Smith v. Balkcom

Almand, Justice.

The plaintiff in error, Gene Roy Smith, was tried and convicted under indictments charging him with two counts of forgery. The jury, finding him guilty on both counts, set the terms of confinement in the State penitentiary at two (2) three (3) .year terms. The presiding judge sentenced the plaintiff in error to three years on each count, count 2 to follow count 1. A motion for a new trial was denied and there was no appeal from this judgment. The plaintiff in error sought his release by habeas corpus alleging that the judgment under which he is held is void because the fiat…