Bax v. Fletcher

COMBS, Justice.

This is an appeal by the Commonwealth from a judgment releasing the appellee Fletcher from custody of the sheriff of Jefferson County on a writ of habeas corpus.

Fletcher was sentenced by Judge Ropke, presiding Judge of the Jefferson Circuit Court, Criminal Branch, on February 10, 1953, to five years’ confinement in the penitentiary on a plea of guilty to voluntary manslaughter. A few days thereafter Fletcher was taken to the penitentiary at LaGrange and commenced serving his term.

There is no record of any further steps in the case until April 10, 1953. On that date, according…