OVERLADE, WARDEN, ETC. v. Wells

234 Ind. 436 (1955)

127 N.E.2d 686

OVERLADE, WARDEN, ETC.

v.

WELLS.

No. 29,201.

Supreme Court of Indiana.

Filed July 1, 1955.

Edwin K. Steers, Attorney General, and Frank E. Spencer, Deputy Attorney General, for appellant.

James C. Cooper, Public Defender, and Perry W. Cross, Deputy Public Defender, for appellee.

BOBBITT, J.

This appeal is from a judgment granting a writ of habeas corpus and releasing appellee from custody of the Warden of the Indiana State Prison.

Appellant assigns as error the overruling of his motion for a new trial.

The evidence was by stipulation of the parties and a summary thereof…