State Ex Rel. Priest v. Coverdale

FOURNET, Justice.

The relator, who was serving a sentence for conspiracy to break prison under Section 867 of the Revised Statutes of 1870, sought through a writ of habeas corpus in the district court to obtain his release from custody on the ground that his sentence had been illegally imposed, and applied to and was granted a remedial writ by this court after the lower court refused to comply with his request.

The section in question reads as follows: “Whoever, being lawfully imprisoned, shall break or conspire to break prison; whoever shall falsely and maliciously prosecute an innocent person…