Swehla v. Malone

The opinion of the court was delivered by

Johnston, C. J.:

This is a proceeding in habeas corpus originally brought in the probate court of Ellsworth county by Romeo Swehla tp obtain the release of his son, Joseph Swehla, from the custody of H. B. Malone, the city marshal of the city of Ellsworth.

Joseph Swehla was prosecuted in the police court of the city of Ellsworth for driving an automobile through the public streets of the city at an excessive rate of speed in violation of a city ordinance. He was arrested and brought before that court where a trial *713was had which resulted in the conviction…