Johnson v. McKenzie

Caplan, Chief Justice:

This is an original proceeding in habeas corpus wherein the petitioner alleges that he was denied due process of law in violation of the state and federal constitutions.

On March 26, 1973, following a trial in the Circuit Court of Wayne County wherein the jury found the petitioner guilty of murder of the second degree, the court sentenced said petitioner to a term of five to eighteen years in the state penitentiary. The petitioner was given credit on his sentence from the time of his incarceration on September 19, 1972.

Although the petitioner desired to appeal, as…