Summers v. WARDEN OF NEVADA STATE PRISON

OPINION

By the Court,

Thompson, C. J.:

The issue presented by this appeal from a denial of the post-conviction application of Jack Elmer Summers for a writ of habeas corpus, is whether the sense of justice implicit in the constitutional demands of equal protection and due process requires that there be credited against his present sentence for rape the time which he had served under a prior void conviction based upon the same acts. For reasons hereafter expressed we hold that he is entitled to such credit, reverse the district court, and order his release from prison.

On May 14, 1957, Summers was…