State Ex Rel. Menard v. Nichols

This is a habeas corpus proceeding brought by the relator, an inmate of the Nebraska State Reformatory, against the respondent, the superintendent of the reformatory, claiming that he was illegally held in and was entitled to an immediate release from such institution. A return to the writ was filed by the respondent which put .in issue the allegations contained in the writ. The trial court found for the relator and directed his immediate release. The respondent has appealed.

The evidence shows that relator was sentenced by the district court for Lancaster County to serve a term of 3 years in…