State ex rel. Hansen v. Utecht

There is before us an appeal from the order denying petitioner a writ of habeas corpus. This brings the case here de novo, but instead of appointing a referee to take testimony upon the petition, we consider the question as to whether the petition on its face presents a case for the issuance of a writ of habeas corpus. We take the view that it does not present such a case, but wholly fails to do so, and we cannot do better than to quote from the memorandum attached to Judge Alfred P. Stolberg’s order denying the issuance of a writ.

“The petition is defective for failure to comply with M. S. A.…