Ex parte Holmes

This is an application to this court, in the exercise of its original jurisdiction, for a writ of habeas corpus for the purpose of releasing one Henry Paulson from the custody of the warden of the penitentiary, and causing him -to be delivered into the custody of the sheriff of Cherry county.

From the petition and papers in the case, the following facts with reference to the imprisonment of Henry Paulson appear:

At the March (1886) term of the district court of Cherry county he was tried upon a charge of' murder and found guilty of the crime of murder in the second degree. No *325motion for a new…