Weathers v. Amrine

The opinion of the court was delivered by

Thiele, J.:

This was a proceeding for a writ of habeas corpus. The district court denied the petitioner’s application, and he has appealed.

• It may first be noted that in this court the appellee has filed a motion that the appeal be dismissed for the asserted reason the appellant is not being held by reason of the commitments of which he complains, but by reason of a previous commitment. It is not made to appear that any such showing was made in the trial court or considered by it, and we therefore consider the appeal only on the record presented by the…