Hesse v. Ashurst

OPINION

By the Court,

Mowbray, J.:

Henry Hesse and his wife, Thelma Hesse, have appealed to this court from an order of the district court granting respondent Marvin Kent Ashurst’s habeas petition, in which he sought and was awarded the custody of his two minor sons, Michael Kent, aged 5, and Neal Scott, aged 4. The children and their mother, Judy, who had been severely injured in an auto accident, had been living for many months with the Hesses, Judy’s parents. Judy became a paraplegic, and she died on March 31, 1969. On April 2, 1969, the First Judicial District Court issued temporary letters…