Ex Parte Banks

This is an original proceeding in habeas corpus wherein the petitioner, Ollie Banks, seeks his release from imprisonment in the county jail of Carter county.

On April 13, 1940, the petitioner was sentenced by the district court of Carter county to serve a term of imprisonment of one year in the county jail upon a plea of guilty to the charge of assault with a dangerous weapon. The journal entry of judgment and sentence contains this recitation: “It is the further order of the court that this sentence be suspended upon good behavior and payment of costs.”

On April 3, 1941, just ten days prior to…