Barrett v. People

Plaintiff in error at the age of nineteen years was, on June 28, 1956, sentenced to the penitentiary for five to eight years on a conviction of burglary.

At the age of sixteen years he was convicted of burglary and given probation.

After the sentence to the penitentiary, a motion for arrest of judgment and sentence was filed and denied after evidence taken at the hearing. Plaintiff in error then petitioned for a writ of habeas corpus; the writ was discharged by the trial court; and error is assigned. We treat the petition as one for the entry of a proper judgment as was done in Smith v. Best,…