State ex Harley v. Alvis

OPINION

By HORNBECK, J.

This is an appeal on questions of law from an order of the Common Pleas Court dismissing the petition which prayed for a writ of habeas corpus. ,

At the ouset, we direct attention to the fact that the record in this case does not present the facts which are briefed and which were urged in the Common Pleas Court. In the trial, counsel for the petitioner referred to and identified Exhibits A, B and C, neither of which is read into or made a part of the bill of exceptions. There is no answer in which the averments of the petition are admitted and the return of the Warden…