McRae v. State

Whitman, Judge.

The appellant, who is presently serving a five year sentence in the state prison as a result of a convic tion and sentence on October 21, 1964, for the offense of burglary, appeals from an order of the trial court overruling a motion (denominated an “Extraordinary Motion in Forma Pauperis”) in which the appellant moved that a sentence he received October 12, 1966, for the offense of escape to run consecutively to the burglary sentence be set aside as null and void. Held:

1. The motion was filed on April 8, 1967, approximately eighteen months after the judgment of conviction and…