Berry v. Gray

CULLEN, Commissioner.

Harold Berry, who is serving a life sentence in the state reformatory under a conviction of rape, filed a petition in the circuit court of the county in which the reformatory is located, seeking a writ of habeas corpus on the ground that the judgment of conviction was void. The circuit court dismissed the petition and Berry has appealed.

The asserted ground of invalidity of the judgment of conviction is that Berry did not have proper assistance of counsel upon his trial. Berry’s petition alleged that he was indicted for rape in Breckinridge County and was brought before…