McGilbry v. State ex rel. Eyman

KRUCKER, Judge.

This case is before us on an application for a writ of habeas corpus. The applicant, Tommy Okawana McGilbry, was tried by a jury and found guilty on two counts, illegal sale of a narcotic drug, a felony, (counts II and IV). On May 21, 1962, petitioner was duly sentenced to the Arizona State Prison, where he is now incarcerated. The judgment of guilt and sentence read, in part, as follows:

“IT IS THE JUDGMENT AND SENTENCE OF THE COURT, that the defendant be incarcerated and imprisoned in the State Penitentiary at Florence, Arizona for a term of not less than Five (5) nor more…