Ex Parte Smith

GOODWYN, Justice.

This is an original habeas corpus petition filed here by Joe Smith, who is confined in Kilby Prison under sentences of ten years for first degree burglary and two years for assault with intent to murder. Both sentences were imposed by the circuit •court of Walker County.

It appears from the petition that, on April 1, 1963, Smith applied to a judge of the circuit court of Montgomery County for a writ of habeas corpus. Code 1940, Tit. 15, § 6. It further appears that the writ was issued, that a return thereto was made by the warden of Kilby Prison, and that a hearing was held…