Smith v. Best

Plaintiff in error, hereinafter referred to as defendant, was, September 17, 1934, sentenced to life imprisonment on a verdict of guilty of second degree murder and has since been incarcerated in the state penitentiary. Contending that the sentence was void he sought release by habeas corpus. The writ was issued March 20 of the present year directing that defendant be brought before the court April 20, following. Three days prior thereto Warden Best, by the attorney general, filed a motion confirming the essential facts of the petition, alleging that defendant’s remedy, if any, was by writ of…