State ex rel. Lockhart v. Henderson

Luther Lockhart appeals from a dismissal of his petition for the writ of habeas corpus, which petition alleges his conviction was void on the ground the jury, by its verdict, did not specify the degree of murder of which it found him guilty.

The Grand Jury of Hamilton County, at' Is May Term. 1959, returned an indictment against petitioner charging statutory murder in the first degree. In October, 1959, petitioner plead guilty to “first degree murder” and the jury returned its verdict as follows: “Fix the punishment for the defendant at the term of not more than fifty (50) years in the…