State Ex Rel. Welch v. Hegge

The “mistaken identity” argument is not being pursued on this appeal. It is clear, and undisputed, that the petitioner is the party being sought by the state of North Carolina for conspiring with others to commit false pretenses. It is as clear, although not undisputed, that “mistaken identity” was the sole issue raised by petitioner at the trial court hearing. The petition for writ of habeas corpus recites:

“4. That the imprisonment of the petitioner as alleged is illegal and contrary to law, in that it is based upon a mistaken identification of this defendant; that the defendant was never in…