Ex Parte: Moore v. Patterson

Circuit Judge E. H. LIenderson; Acting Associate Justice,

delivered the unanimous opinion of the Court:

This case involves the construction of Section 1038-1 of the Code, relating to the suspension of sentences and the placing of defendants on probation.

In November, 1941, Calvin Moore plead guilty to an indictment charging him with a felony and he was sentenced by his Honor, Judge G. Duncan Bellinger, to three years’ imprisonment. The sentence provided that upon the service of one year the balance should be suspended and the defendant placed on probation for a period of three years.

After having…