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STATE v. PEOPLES

5 Div. 874.

227 So.2d 426 (1969)

STATE of Alabama v. Frank PEOPLES.

Supreme Court of Alabama.

Rehearing Denied October 9, 1969.

Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.

James D. Forstman, of Nicholson & Forstman, Birmingham, for appellee.

SIMPSON, Justice.

Peoples filed a petition for writ of habeas corpus in the Circuit Court of Elmore County seeking his release from the penitentiary. The petitioner and the State stipulated in pertinent part as follows:

The petitioner was convicted in the Circuit Court of Montgomery County for the offense of forgery on February 17, 1965, and was sentenced to 15 months in the penitentiary; he began serving this sentence on June 15, 1966 (having completed serving...

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