Stover Ex Rel. Holbert v. Hamilton

John I. Purtle, Justice.

On February 22, 1980, Henrietta Holbert, as mother and next friend of Johnny Stover, filed a petition for a writ of habeas corpus in the Chancery Court of Pulaski County, Arkansas. She alleged her son was illegally confined in the Arkansas State Hospital in Little Rock, Arkansas. The chancellor ruled petitioner was being legally held pursuant to an order of commitment by the Franklin County Circuit Court under Ark. Stat. Ann. § 41-612 (Repl. 1977).

On appeal, petitioner urges (1) that he could not be held for more than one year under the statute used to commit him if he…