State Ex Rel. Soward v. Rigg

Thomas Gallagher, Justice.

Appeal by relator, Roy G. Soward, now in custody of respondent, Douglas C. Rigg, warden, Minnesota State Prison, from an order of the District Court of Washington County, denying his petition for a writ of habeas corpus to obtain his release from such custody. The petition for the writ sets forth that relator was illegally sentenced as a habitual criminal under M. S. A. 610.29 in that at the time of his sentence he had not admitted his conviction of the third of three prior convictions with which he was then charged, and that in consequence his sentence was invalid.

On…