Nichols v. Heffner

Almand, Justice.

This appeal seeks a review of an order in Gilmer Superior Court which denied after a hearing the petition for the writ of habeas corpus of Yanus Nichols directed to Homer Heffner, Warden of the Public Works Camp of Gilmer County. Petitioner alleged that his restraint was illegal because in July 1962, after being arrested under an indictment in Forsyth County Superior Court, charging him with the offense of armed robbery, and on his plea of guilty in November 1962, he was given a sentence of not less than 5 years and not more than 7 years. He alleged that prior to his plea of…