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STATE v. JOHNSON

393 S.W.2d 135 (1965)

STATE ex rel. Charles Douglas WOOD, Plaintiff in Error, v. Wilburn C. JOHNSON, Warden, Tennessee State Penitentiary, Defendant in Error.

Supreme Court of Tennessee.

July 30, 1965.

Attorney(s) appearing for the Case

Charles Douglas Wood, pro se.

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

HOLMES, Justice.

The plaintiff in error, who is presently confined in the Tennessee State Penitentiary at Nashville, filed a petition for writ of habeas corpus against the Warden of the Prison in the Criminal Court of Davidson County. The Trial Judge refused to issue the writ pursuant to the provisions of T.C.A. § 23-1809, holding that the petition filed presented no justiciable issue and constituted a collateral attack upon a valid judgment. An appeal...

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