In RE BURGESS v. Cranor

Finley, J;

Jackson C. Burgess filed an original petition in this court for a writ of habeas corpus. He alleged that he was restrained of his liberty in the state penitentiary under judgment, sentence and commitment by the superior court of Clark county; that the judgment and sentence were void.and of no legal effect. The superintendent of the state penitentiary, respondent, denied petitioner’s allegations of unlawful restraint. Thereupon, respondent was ordered to show cause in the supreme court why the petition should not be granted. A hearing on the show cause order has been held. Both…