ANDERSON Ex Rel POE v. GLADDEN

This is an appeal from an order dismissing a habeas corpus proceeding and remanding the plaintiff to the custody of the warden of the penitentiary.

A petition for a writ of habeas corpus was filed in the Circuit Court for Marion County on April 28,1954 in behalf of the plaintiff Dupree Poe against Clarence T. Gladden as warden of the state penitentiary. The circuit court issued the writ, the defendant filed a return and the plaintiff-appellant filed a reply. The defendant demurred to the plaintiff’s reply and the court sustained the demurrer. Upon the refusal of the plaintiff to plead further…