CAPLAN, Chief Justice:
James N. Drake was indicted by the grand jury serving the Circuit Court of Wood County and was tried and convicted of the offense of armed robbery. He was sentenced to a term of ten years in the penitentiary, but the execution of the sentence was stayed to afford him an opportunity to appeal his conviction. During the pendency of his appeal he remained in the Wood County jail where the events occurred which gave rise to this proceeding.
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