ALMAND, Presiding Justice.
Under this appeal we review the trial court's order discharging the appellee from the custody of the appellant, Warden of the Georgia State Prison.
The case as made by the petition for the writ of habeas corpus and the evidence adduced at the hearing is that: on November 5, 1962, in Fulton Superior Court, the appellee pleaded guilty to a charge of burglary and was sentenced to a term of "10 to 20 years, to serve 2 years and balance...
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