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STATE v. BOMAR

398 S.W.2d 724 (1965)

STATE ex rel. Clarence Leroy JORDAN, Plaintiff in Error, v. Lynn BOMAR, Warden, Tennessee State Penitentiary, Defendant in Error.

Supreme Court of Tennessee.

March 4, 1965.

Attorney(s) appearing for the Case

Joseph L. Lackey, Jr., Nashville, for plaintiff in error.

George F. McCanless, Atty. Gen., and William H. Lassiter, Jr., Asst. Atty. Gen., for defendant in error.

HOLMES, Justice.

This is an appeal from an order of the Criminal Court of Davidson County dismissing without a hearing a petition, which is designated a petition for habeas corpus, which was filed by the plaintiff in error pro se in that Court. The order of the Trial Court states:

"The matters alleged therein are not such as can be determined by writ of habeas corpus and, therefore, said petition appears to be without any merit, either in law or fact...

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