Smith v. Page

BRETT, Judge:

This is an original action in habeas corpus, instituted by petitioner, Carroll Lee Smith, who is now confined in the state penitentiary, serving a sentence of five years after conviction in the district court of Beckham County, on a charge of forgery.

Petitioner alleges that he was arrested in Beckham County on August 17, 1963 and was not delivered to the state penitentiary until September 27, 1963, and claims credit *492for 42 days jail time by reason of the time spent in the county jail.

Petitioner further states that while serving the five-year sentence he was given a medical leave,…