State Ex Rel. Becker v. Tahash

Rogosheske, Justice.

Appeal from the district court’s order denying a petition for a writ of habeas corpus without an evidentiary hearing on the ground that it is sham and frivolous.

The question presented is whether the petition reveals sufficient cause for a hearing on the merits. State ex rel. Adams v. Rigg, 252 Minn. 283, 89 N. W. (2d) 898, certiorari denied, 358 U. S. 899, 79 S. Ct. 224, 3 L. ed. (2d) 149.

Petitioner was arraigned and entered a plea of guilty to forgery in the second degree before the Nobles County District Court on October 17, 1960. He had been arrested on this charge in…