In Re Mounce

DAVID E. BLAIR, J.-

Petitioner is confined in the State Penitentiary and contends that his imprisonment is unauthorized and illegal and seeks release. Our writ issued. Thé warden has filed his return, to which petitioner has filed his answér. The case was submitted on briefs filed.

The facts are undisputed. On December 3, .1921, in the Circuit Court' of Dent County, petitioner entered a plea of guilty to the crime of felonious assault and was sentenced to imprisonment in the State Penitentiary for a term of two years. On the same day he was paroled by the trial court. On August 16, 1924, the…