Dowd, Warden v. Johnston

On July 30,' 1941, the appellee filed his complaint for writ of habeas corpus in the LaPorte Circuit Court. The complaint was in two paragraphs. The first paragraph was based upon the “Good Time Law” of 1883, being Acts 1883, ch. 131, p. 191; and the second paragraph was based on the law of 1933, being Acts 1933, ch. 164, §§ 1, 2, 3, p. 858, §§ 13-116, 13-117, 13-118, Burns’ 1942 Replacement, §§ 13560, 13561, 13562, Baldwin’s 1934.

The court sustained the motion to quash the first paragraph of complaint and overruled the motion to quash as to the second paragraph thereof. Thereupon the…