Hart v. Best

Manuel Robert Hart filed his petition in the district court of Fremont county, seeking a writ of habeas corpus to obtain his discharge from the Colorado State Penitentiary, naming as respondent in his petition Roy Best as warden. The warden made his return to the writ, to which petitioner filed an answer. Upon hearing it was adjudged that the writ be quashed. Petitioner, to whom we will hereinafter refer as defendant, seeks a reversal here.

It is alleged in the petition that Manuel Robert Hart is being unlawfully detained and held a prisoner in the state penitentiary by the warden, who, upon…