Sanders v. MacDougall

Brailsford, Justice.

This is an appeal by the State from an order of the Rich-land County Court directing that the petitioner, Raymond Sanders, be released from imprisonment in the State Penitentiary.

On March 24, 1959, petitioner commenced the service of a sentence theretofore imposed upon him. This sentence was for a term of five (5) years, “* * * provided that upon the service of three (3) years that the balance of the aforesaid sentence be and the same is hereby suspended and that the said defendant is hereby placed on probation for a period of five (5) years. * * *”

After being confined…