Mahar v. Lainson

Only one issue is raised in this appeal from the action of the lower court in dismissing appellant’s petition for a writ of habeas corpus. William Ross Mahar, an inmate of the Iowa State Penitentiary at Fort Madison, Lee County, Iowa, complained that his conviction and sentence by the District Court of Des Moines County, Iowa, was null and void for the reason that the statute, section 708.7, Code of Iowa, 1950, under whieh he was charged, was unconstitutional. He contended below, as here, that the failure of the legislature to define “burglar’s tools” in the .statute creating a public…