Smith v. Roach, Warden

Kimball, Justice.

Plaintiff, who will be called petitioner, applies for a writ of habeas corpus to release him from the custody of the warden of the penitentiary where he is serving a life term under a sentence pronounced in 1931 on a plea of guilty of murder in the second degree. A previous application to the judge of the district court of the second district was denied.

A hearing has been had on a demurrer on the ground that the petition does not show that the petitioner would be entitled to any relief.

The petition aided by attached exhibits shows these facts: In August, 1930, the petitioner…