State Ex Rel. Weston v. Henderson

This is an appeal from the action of the trial judge in dismissing a petition for a writ of habeas corpus without an evidentiary hearing.

Plaintiff in error (petitioner) is now confined to the State Penitentiary serving a sentence of 10 to 20 years for robbery under convictions of 3 August 1954. Petitioner was paroled in November 1963 and in September 1964 convicted of armed robbery committed while on parole. Under this 1964 conviction petitioner was sentenced to serve 5 to 15 years, which sentence is to begin upon expiration of the 1954 sentences. The 1954 sentences will have been served on 3…