Bivens v. Jones

STANLEY, Commissioner.

The petition of Samuel E. Bivens seeking release from custody of warden of the Eddyville Penitentiary upon a writ of ha-beas corpus was denied because of the absence of a showing that the judgment under which he was confined is void.

The petition states that upon his conviction of murder in the Daviess Circuit Court petitioner was being confined upon a sentence of life imprisonment. Petitioner charges that the judgment is void because (1) he was insane at the time of his trial, and the State “did not follow the statute law in trying him under those conditions,” and (2) he…