Conaty v. Solem

WUEST, Chief Justice.

Defendant, Patrick Conaty, appeals the trial court’s denial of his request for habe-as corpus. We reverse.

The facts in this case are set out in State v. Conaty, 380 N.W.2d 656 (S.D.1986). 1 Briefly, the evidence shows one Woodhouse and Conaty had an altercation in Conaty’s apartment. Woodhouse threatened to kill Conaty and other tenants. Conaty called the police and upon the arrival of Officer VanDeWalle, he told the officer that Wood-house had threatened him and that he would shoot Woodhouse if he returned. After the officer left, Conaty borrowed a shotgun and shells…