Ex parte Erwin

GRAVES, Judge.

This is an original application for a writ of habeas corpus, and same was set down for a hearing before this court relative to the issuance thereof.

On September 28, 1937, relator was indicted in Jackson County for the offense of robbery with firearms. He was tried on October 6, 1937, and, upon a plea of not guilty, he was convicted and given a sentence of confinement in the penitentiary for life, and judgment was entered thereon sentencing him to serve not less than five years nor more than life on October 11, 1937. Two days thereafter he was received in the State prison, and…