Holley v. Lawrence

Jenkins, Justice.

1. As the judge hearing the application for habeas corpus by one sentenced to the death penalty correctly held, the questions raised by the attack on an order fixing a new date of execution, after the original judgment had been affirmed (Holley v. State, supra), became moot because that date had passed before the habeas-corpus hearing; and those questions will not be considered by this court, since any invalidity in such order of resentence “would in no event have entitled [defendant] to a discharge on his petition for habeas corpus, but only to a remand to the trial court…