Hutton v. Amrine

The opinion of the court was delivered by

DawsoN, C. J.:

Petitioner asks his release from the custody of the warden of the penitentiary, urging matters on our attention of which judicial cognizance could only have been taken if a timely appeal had been presented. Habeas corpus is not a substitute for an appeal.

We have, however, permitted this application and its accompanying documents to be filed without deposit for costs, and have read *437them carefully. Excusing his defective pleadings and conclusions, which are quite obvious, the record he presents makes it altogether clear that nothing is…