BOBBITT, J.
This appeal is from a judgment granting a writ of habeas corpus and releasing appellee from custody of the Warden of the Indiana State Prison.
Appellant assigns as error the overruling of his motion for a new trial.
The evidence was by stipulation of the parties and a summary thereof is necessary to a full understanding of the questions presented.
Appellee was sentenced on January 12, 1940, by the Gibson Circuit Court to serve a...
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