Smith v. Kelley (Per Curiam)Annotate this Case
After a jury trial, Appellant was found guilty of murder in the first degree and burglary. Appellant was sentenced to life imprisonment for the murder conviction and a consecutive six years’ imprisonment for the burglary conviction. Appellant later filed a petition for a writ of habeas corpus, alleging that the judgment in his case was illegal on its face because it provided that the six-year term for burglary would not begin until expiration of the life sentence. The Supreme Court affirmed, holding that Appellant’s sentence was permitted by the sentencing statute in effect when he committed his offenses, and therefore, the circuit court did not err when it declined to grant a writ of habeas corpus on the grounds raised by Appellant.