J. C. Anderson v. L. F. Chapman

DAVIS, C. J. -- Where upon consideration of the return to a writ of habeas corpus, it appears to the Court that petitioner for the writ has been sentenced to a term of imprisonment in the State prison, but that the sentence was imposed by the court without any definite adjudication by the sentencing court of the guilt of the petitioner of the offense for which he was sentenced, and is being incarcerated in the State prison, the court should remand the petitioner to the court for a proper re-sentence after the entry of a judgment adjudicating the prisoner's guilt.