Nichols v. Patterson

Mr. Associate Justice Stukes

delivered the unanimous opinion of the Court:

Appellant, a second offender, was convicted of crime and sentenced in the Court of General Sessions for Anderson County during the September 1941 term, as follows: “The sentence of the Court is that the defendant be confined at hard labor in the State Penitentiary or on the public works of Anderson County for a period of two years. That upon the service of twenty months the balance of the sentence shall stand suspended during good behavior.”

Having a record of “good behavior” and claiming a reduction therefor of one-fifth…