Phillips v. State

HARWOOD, Presiding Judge.

This is an appeal from an order of the court below granting the State’s motion to dismiss a petition for writ of habeas corpus filed by the petitioner, and ordering the petitioner to be returned to the custody of the warden of Kilby Prison, there to remain until discharged by due process of law.

In the petition it is asserted that the petitioner’s “confinement in the penitentiary per se is not the basic issue of this petition; that the basic issue concerns not the confinement alone but rather the cruel, unusual, and excessive punishment which is being inflicted upon…