Bearden v. State

Oxner, Justice.

This is a proceeding in habeas corpus. Appellant alleged in his petition that he was being unlawfully detained in the South Carolina Penitentiary and asked that he be discharged. A return was duly filed by respondent and a hearing had on June 6, 1952. Thereafter on August 9, 1952, the County Judge dismissed the petition and remanded appellant to the custody of the Superintendent of the South Carolina Penitentiary. The question for determination, as agreed upon by the parties, is as follows:

“The sole question raised by this appeal, is whether or not, the Probation, Parole and…