Kiser v. Mayo

Buford, J. —

This is an original proceeding in habeas corpus. The petition shows and the return admits that petitioner was tried on a charge of assault with intent to murder and was convicted of aggravated assault and that thereupon petitioner was sentenced to serve one (1) year at hard labor in State Prison.

The sentence to State prison was without authority of law. See Sec. 5061 R. G. S., 7163 C. G. L., Sec. 5004 R. G. S., 7103 C. G. L.

The judgment and sentence being not authorized by law, the jurisdiction of the Circuit Court continues until a lawful judgment shall have been entered.

So the…