Sprinkles v. Downey, Jailer

Opinion op the Court by

Morris, Commissioner

Affirming.

This appeal is from a ruling of the Judge of the Knox County Court, sustaining demurrer to and dismissing appellant’s petition seeking to have defendant discharge him from custody, under provisions of Section 399 et seq., Criminal Code of Practice and prosecuted in accordance with Section 429-1 (1945 Supp.).

The question presented is whether Judge was in error in dismissing the petition. The petition fails to state when appellant was convicted of the offense for which he was being confined. It is stated that “heretofore” he was convicted in…