STATE v. BOMAR


378 S.W.2d 772 (1964)

STATE of Tennessee ex rel. George E. DYCH v. Lynn BOMAR, Warden, Tennessee State Penitentiary.

Supreme Court of Tennessee.

May 8, 1964.


Attorney(s) appearing for the Case

John C. Tune, Jr., Nashville, for plaintiff in error.

George F. McCanless, Atty. Gen., Henry C. Foutch, Asst. Atty. Gen., Douglas M. Fisher, Sp. Counsel, Nashville, for the state.


BURNETT, Chief Justice.

The appellant, Dych, has appealed from an order of the trial court disallowing his petition for a writ of habeas corpus. By his petition, he challenged the legality of his restraint under a February, 1962, conviction for fraudulent breach of trust. As a result of this 1962 conviction, the appellant was sentenced to three years' imprisonment, which sentence he is presently serving in the State penitentiary.

The appellant asserts that...

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