Auldridge v. Womble

(After stating the foregoing facts.) The judge before whom the application for habeas corpus was heard did not err in refusing to discharge the prisoner. The respondent pleaded that the prisoner was held for the completion of his legally imposed sentence, and that the order of June 4, 1923, was void. With this contention we agree. The April term of court at which the applicant had been sentenced adjourned on the 5th day of April. The plaintiff in error insists that there was no evidence that the court adjourned on the 5th day of April, or at any other date; and that the presumption was, in…