In Re Dudney

This matter is before the court on return to a writ of habeas corpus and an accompany ing writ of certiorari. The petitioner, James Dudney, alias James Dnnn, having been convicted of the offense of robbery while armed, was sentenced on September 27,1937, to a term of not less than 10 years nor more than 20 years in the State prison of southern Michigan. In November, 1939, petitioner filed in the circuit court of Macomb county, wherein he had been convicted, a motion for leave to file a delayed motion for a new trial. He personally appeared before the court on the hearing of this motion. Later…