Ebersole v. State

McFADDEN, Justice.

This appeal is from an order of the Ada County District Court quashing a writ of habeas corpus issued upon the petition of John H. Ebersole. By his petition appellant alleged that he was unlawfully incarcerated in the Idaho State Penitentiary, that the judgment of conviction and imprisonment by which he was held violated his rights under the United States Constitution and the Constitution of this State.

Briefly, the facts leading to this appeal are as follows: Appellant was arrested September 8, 1965, in Jefferson County and charged with the crime of second degree burglary.…