Holbrook v. State

On May 12, 1964 the petitioner filed a petition for the writ of habeas corpus signed by him and verified as required by statute. A court appointed counsel was duly assigned to represent him. On July 8, 1964 an amended petition was filed and the original petition was treated as withdrawn. The amended petition was signed only by counsel. The verification thereof, however, was signed by the petitioner and his oath thereto was taken. The State seasonably filed a motion to dismiss based upon two grounds, (1) that the amended petition fails to allege valid facts evidencing a basis for the issuance…