Graves v. Amrine

The opinion of the court was delivered by

Dawson, C. J.:

The petitioner is incarcerated in the penitentiary and seeks his liberty under our writ of habeas corpus, basing his right thereto on certain allegations of fact set out in his application for the writ and accompanying papers. In his answer, and return to the writ the warden supplies authenticated copies of certain official records of the penitentiary pertinent to the matters involved.

It appears that on September 2, 1930, defendant was prosecuted, tried before a jury, and convicted in the district court of Franklin county of the felonious…