Helton v. Mayo

BROWN, J.:

Petitioner was convicted, and judgment and sentence of three years imposed, on an information charging the removing and concealing of several gallons of “moonshine whiskey” with intent to defraud the State of the tax imposed on shch whiskey. The original sentence of five years was suspended and later, on September 8, 1942, the Court of Record of Escambia County held the original sentence void and resentenced the defendant to three years in the State Prison, and commitment issued.

This Court granted writ of habeas corpus on October 4, 1943. On the facts admitted in the return, the…