Kostal v. Tinsley

By a handwritten petition filed in the district court of Fremont County, Kostal sought the issuance of a writ in the nature of habeas corpus, directed to Harry C. Tinsley, Warden of the Colorado State Penitentiary, to show good cause why “petitioner should not be restored to his rightful liberty and discharged from custody of the respondent.” The trial court refused to issue the writ and dismissed the petition on the ground that it was legally insufficient to warrant the issuance of the order to show cause and then entered appropriate judgment which by the present writ of error Kostal seeks…