State ex rel. Kimbrough v. Swafford

Ms. Justice Peewitt

delivered the opinion of the Court.

This is a habeas corpus proceeding against the Warden of the state prison. The Circuit Judge dismissed the petition and this appeal resulted. The question presented is the release of the relator from the state prison.

In 1943 relator was sentenced to a term of three to five years in the state prison on a felony charge. After serving a portion of his sentence, he was paroled for the remainder of it, amounting to thirteen months and some days. While under parole, he was convicted of robbery and sentenced to not less than five years for the…