Hill v. Hudspeth

The opinion of the court was delivered by

Burch, J.:

The petitioner is a prisoner in the state penitentiary and seeks his release upon an application for a writ of habeas corpus on the principal grounds that he was denied .assistance of counsel and that he was sentenced as a habitual criminal without being apprised properly that he would be sentenced under the statute applicable to such a status.

On July 6, 1938, petitioner, after waiving preliminary, was arraigned, pleaded guilty to the crime of burglary in the second degree and to the crime of grand larceny as defined by G. S. 1935, 21-516 and…