Forbes v. Haynes

BARDGETT, Judge.

Habeas corpus. Petitioner is a prisoner in an institution within the Missouri Department of Corrections. He alleges his imprisonment is unlawful for the reason his term has expired. A writ was issued and a return filed thereto. The issue concerns the applicability of the mandatory consecutive sentencing provision of § 222.020, as amended 1959, to a person sen*487tenced to the Missouri Department of Corrections and who commits a subsequent offense while free on bond pending appeal. Is petitioner “under sentence” while his appeal is pending and when free on bond pending appeal…