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BOMAR v. STATE

312 S.W.2d 174 (1958)

Lynn BOMAR, Warden, Respondent-Appellant, v. STATE of Tennessee, ex rel. Charles BOYD, Petitioner-Appellee. Lynn BOMAR, Warden, Respondent-Appellant, v. STATE of Tennessee ex rel. Chester Elmo WINSLOW, Petitioner-Appellee.

Supreme Court of Tennessee.

Rehearing Denied April 9, 1958.

Attorney(s) appearing for the Case

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

John J. Hooker, Jr., Hooker, Keeble, Dodson & Harris, Nashville, James F. Neal and Turney & Turney, Washington, D. C., for petitioners-appellees.

TOMLINSON, Justice.

The separate habeas corpus petitions of Boyd and of Winslow were consolidated for hearing because they present the same question, to wit, whether the statute under which each is being held in prison is unconstitutional, to wit, the Tennessee Habitual Criminal Statute, or whether the judgment, by reason of the punishment assessed under this statute, is void to that extent for want of jurisdiction to pronounce. This appeal is by the Warden of the...

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