State v. Murphy

MALLARD, Chief Judge.

The defendant’s first assignment of error is based upon his exception to the signing and entry of an order by Judge Bundy on 26 November 1969.

On 3 November 1969 the defendant had filed what he called a petition for a writ of habeas corpus. This appears to have been prepared by the defendant without legal aid. In it the defendant asserts that certain of his constitutional rights *15were violated and that he was illegally detained. The defendant had not been tried when this was filed, and he did not assert in the petition that the legality of his restraint had not been already…