STATE v. HENDERSON


413 S.W.2d 674 (1967)

STATE of Tennessee ex rel. Freddie Lamar WESTON, Plaintiff in Error, v. C. Murray HENDERSON, Warden, Tennessee State Penitentiary at Nashville, Defendant in Error.

Supreme Court of Tennessee.

March 1, 1967.


Attorney(s) appearing for the Case

John T. Baugh, Knoxville, for plaintiff in error.

George F. McCanless, Atty. Gen., and Paul E. Jennings, Asst. Atty. Gen., Nashville, for defendant in error.


OPINION

DYER, Justice.

This is an appeal from the action of the trial judge in dismissing a petition for a writ of habeas corpus without an evidentiary hearing.

Plaintiff in error (petitioner) is now confined to the State Penitentiary serving a sentence of 10 to 20 years for robbery under convictions of 3 August 1954. Petitioner was paroled in November 1963 and in September 1964 convicted of armed robbery committed while on parole. Under this 1964...

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