Wey v. Hand

The opinion of the court was delivered by

Jackson, J.:

The appellee-petitioner filed his petition for a writ of habeas corpus against the warden of the penitentiary in the district court and the district court, after making findings of fact which are not in dispute, allowed the writ as of October 3, 1960. The warden has appealed.

The findings of fact of the district court may be summarized briefly as follows:

Petitioner was convicted on his plea of guilty of burglary in the second degree and sentenced to a term of not less than five years nor more than ten years as provided by law in the district…