Struble v. Gnadt

The opinion of the court was delivered by

Smith, J.:

This is a petition for writ of habeas corpus filed originally in district court. Respondent’s demurrer to the petition was sustained and petitioner has appealed.

The petition alleged that Struble was arrested March 2, 1946, on two warrants, each issued upon a separate complaint sworn to on the same date; that in one case he was charged with rape upon a twelve-year-old girl and in the second case in two counts, count one being attempted rape and count 2 being rape upon another girl; that on the 28th of March, 1946, he was given a preliminary…