BOBBITT, J.
On his application for writ of habeas corpus appellee was discharged from the custody of appellant as Warden of the Indiana State Prison.
The application recites that appellee is held on a commitment issued by the Elkhart Superior Court on December 19, 1939; that on said date appellee was found guilty of the offense of resisting an officer with intent to commit bodily injury and of being an habitual criminal; that he was sentenced to the Indiana...
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