Higlin v. Kaiser

Habeas Corpus: On July 14, 1942, the petitioner pleaded guilty to the crime of burglary in the circuit court of. Dunklin County, Missouri, and was sentenced to two years in the State penitentiary, “Time to begin March 10, 1942.” Petitioner contends that he was entitled to release from the penitentiary on March 10, 1944, while the warden of the penitentiary contends that the part of the sentence and judgment which says “Time to begin March 10, 1942, ’ ’ is void and is surplusage and, therefore, the petitioner is not entitled to be released until July 14, 1944.

The only question before us is:…