State Ex Rel. Kopetka v. Young

Relator is confined in the State Prison under an indeterminate sentence for murder in the third degree. * 1 He appeals from an order of the district court denying without a hearing his petition for a writ of habeas corpus in which he claims he is being subjected to cruel and unusual punishment in violation of U. S. Const. Amends. VIII and XIV. Specifically, he alleges that for 8 years he has suffered severe pain because of a hernia or tumor which the prison authorities have failed to correct. He seeks his release in order to convalesce in Arizona from a chronic respiratory infection before…