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BOMAR v. STATE EX REL. STEWART

300 S.W.2d 885 (1957)

Lynn BOMAR, Warden, Respondent-Appellant v. STATE ex rel. Fred A. STEWART, Petitioner-Appellee.

Supreme Court of Tennessee.

Rehearing Denied April 1, 1957.

Attorney(s) appearing for the Case

Henry C. Foutch, Asst. Atty. Gen., for respondent-appellant.

Robert L. Taylor, Memphis, Trabue & Sturdivant, Nashville, for petitioner-appellee.

TOMLINSON, Justice.

By means of petiton for writ of habeas corpus Stewart sought release from the penitentiary on the ground that he was being illegally restrained. The illegality alleged is that the judgments under the authority of which he was being held were "void on their face". They were three separate judgments of the Criminal Court of Montgomery County reciting that Stewart, appearing "in person and by counsel and * * * being arraigned at the bar, plead guilty...

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