Stokes v. State

McFADDEN, Chief Justice.

Appellant, Claude Stokes, was found guilty of the crime of murder in the second degree, following a trial before a jury in the district court of Jefferson County. Following entry of judgment, he was sentenced to serve a term of not to exceed thirty-one years in the Idaho State Penitentiary.

While incarcerated in the penitentiary, appellant filed his petition for a writ of habeas corpus in the Ada County district court. The court granted the petition, and issued a writ of habeas corpus, to which the State Board of Corrections made return.

In its return to the writ, the…