Davidson v. Nygaard

I am unable to agree with the views expressed or the conclusion reached by the majority members of this court in the opinions prepared by Judge Crimson *168and by Chief Justice Morris. I agree generally with the views expressed in the dissenting opinion prepared by Judge Burke and with the conclusion reached by him but desire to add some observations of my own.

In the petition for a writ of habeas corpus it is alleged that Ivan Davidson is “imprisoned and restrained of his liberty by the above named respondent at the state penitentiary in Bismarck, N. Dak. That the cause or pretense of such…