State ex rel. Wooten v. Bomar

This suit is based on a petition for habeas corpus by plaintiff in error. The plaintiff in error was convicted of burglary with explosives under Section 39-906, T.C.A., and sentenced the minimum sentence under that Section to twenty-five (25) years in the State penitentiary. On appeal this conviction was affirmed, as is shown in the reported case in 203 Tenn. 473, 314 S.W.2d 1.

The petition herein is bottomed on the proposition that the Code Section on which the indictment in the first instance is based (sec. 39-906, T.C.A.) was impliedly repealed some two years before the indictment herein…