State Ex Rel. Welper v. Rigg

Dell, Chief Justice.

Relator appeals from an order of the district court denying his petition for a writ of habeas corpus.

The sole function of the writ as a post-conviction remedy is to ascertain whether the court had jurisdiction over the crime and over defendant’s person, whether the sentence was authorized by law, and whether defendant was denied certain fundamental rights. It does not lie as a substitute for an appeal.

Relator was arrested and brought before the justice court on a charge of forgery in the second degree. He claims that upon his refusal to enter any plea the court entered a…