Barrett v. People

After the sentence to the penitentiary, a motion for arrest of judgment and sentence was filed and denied after evidence taken at the hearing. Plaintiff in error then petitioned for a writ of habeas corpus; the writ was discharged by the trial court; and error is assigned. We treat the petition as one for the entry of a proper judgment as was done in Smith v. Best, 115 Colo. 494, 176 P.2d 686.