LOVELL v. STATE

8 Div. 892.

344 So.2d 1269 (1977)

Wendell Lee LOVELL v. STATE.

Court of Criminal Appeals of Alabama.

April 19, 1977.


Attorney(s) appearing for the Case

Finis Royal, Scottsboro, for appellant.

William J. Baxley, Atty. Gen. and Vanzetta Penn Durant, Asst. Atty. Gen., for the State.


SIMMONS, Retired Circuit Judge.

Appellant, an indigent with temporary residence in the penitentiary, filed a pro se instrument in the circuit court which he and his appointed counsel, on inquiry by the court, asserted to the court that it was a petition for a writ of habeas corpus and asked that it be so treated. The court acted according to the request and treated it as a habeas corpus proceeding. We, of course, follow the court's ruling.

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