In Re Phillips

PHILLIPS, a prisoner incarcerated in the state penitentiary at Canon City, Fremont county, petitioned the district court of that county for a writ of habeas corpus, directed to the warden of the penitentiary. The petitioner sought to obtain his release from custody on the ground of alleged unlawful imprisonment. Pursuant to the prayer of the petition, a writ was issued, in effect commanding the warden to bring the prisoner before the court for hearing. The warden acknowledged service and moved to quash the writ on the ground of lack of jurisdiction of the district court, which motion the…