Ward v. Hurst

Opinion op the Court by

Judge Thomas

Reversing.

This is an appeal from a judgment of the Lyon County Court rendered in this habeas corpus proceeding discharging the appellee and petitioner from serving a life sentence in the penitentiary, rendered by the Whitley circuit court on October 21, 1943, the petition being against the appellant, Dewey A. Ward, Warden of the Eddyville penitentiary.

The indictment at the trial, at which the life sentence was imposed, charged petitioner with having escaped from the jail of Whitley County while being confined therein upon a felony charge, and with being a…