State Ex Rel. Dych v. Bomar

The appellant, Dych, has appealed from an order of the trial court disallowing his petition for a writ of habeas corpus. By his petition, he challenged the legality of his restraint under a February, 1962, conviction for fraudulent breach of trust. As a result of this 1962 con viction, the appellant was sentenced to three years’ imprisonment, which sentence he is presently serving in the State penitentiary.

The appellant asserts that his restraint is illegal, (1) because he was denied his statutory right of appeal (sec. 40-3401, T.C.A.), and (2) because he was denied the assistance of…