In re Nelson

The petitioner, Arnold E. Nelson, now confined in the county jail at Bozeman, has petitioned this court for a writ of habeas corpus.

His application for the writ is positively verified and, on its face, is proper in every particular and fully complies with the applicable statute, R.C.M. 1947, section 94-101-2.

Our Constitution, Article III, section 21, in mandatory language, provides: “The privilege of the writ of habeas corpus shall never be suspended, unless in case of rebellion, or invasion, the public safety require it.” Emphasis supplied.

R.C.M. 1947, section 94-101-33, provides in plain…