State Ex Rel. Adams v. Rigg

Matson, Justice.

Motion by the state to dismiss relator’s appeal from an order of the district court denying Ms petition for a writ of habeas corpus.

If the allegations of plaintiff’s petition for a writ of habeas corpus, when admitted to be true after construing them liberally in favor of the petitioner, do not establish prima facie facts which would justify Ms discharge, a motion for the demal of the petition should be granted. A person deprived of Ms liberty pursuant to a sentence of a court of record is not entitled to a writ of habeas corpus merely for the asking. A motion for the demal of…