Proctor v. Ault

Jordan, Justice.

Applicant for writ of habeas corpus filed his petition alleging that he was arrested on September 21, 1971, without a warrant on a drug possession charge and sentenced to a term of 5 years; that he is being illegally detained because said sentence is null and void as being in conflict with his rights under the State and Federal Constitutions. The respondent made a motion to dismiss for failure to state a claim in that the petition did not comply with Code Ann. § 50-127 (2) which requires the petition to identify the proceeding in which petitioner was convicted, together with…