STOUT v. STATE

3 Div. 25.

229 So.2d 37 (1969)

Lloyd D. STOUT v. STATE.

Court of Criminal Appeals of Alabama.

December 9, 1969.


Attorney(s) appearing for the Case

S. G. Culpepper, Jr., and Goodwyn, Smith & Bowman, Montgomery, for appellant.

MacDonald Gallion, Atty. Gen., and Herbert H. Henry, Asst. Atty. Gen., for the State.


CATES, Judge.

Appeal from denial of habeas corpus. Appellant was remanded to the Warden of Kilby Prison.

I

The State's "Return & Answer" to the writ alleged that Stout was held under a mittimus (i. e. an indictment, judgment and sentence of the Jefferson Circuit Court, Birmingham Division). The sentence for three years was passed October 27, 1959 on a plea of guilty.

The court put Stout on probation for five years (with the three-year...

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