Moody v. Edmondson

The opinion of the court was delivered by

Thiele, J.:

Lowell Nathaniel Moody, who was incarcerated in the state penitentiary under circumstances later mentioned, filed his petition for a writ of habeas corpus in the district court of Leavenworth County to secure his release from custody. The respondent warden filed his return to the writ and upon the hearing on July 13, 1953, the trial court sustained the petition and ordered and adjudged that the petitioner be discharged. The respondent appeals to this court.

No dispute of fact is involved. On September 21,1946, as a result of complaints duly…