Bennett v. Smith

Howard Smith Bennett appeals from denial of his petition for writ of habeas corpus by which he sought a belated second go-round attack upon his conviction of murder in the second degree. For a statement of the facts and a review of all properly claimed errors see the prior decision.1 One year and a half later he filed in Third District Court his petition for a writ of habeas corpus seeking to have his conviction declared void and that he be released from prison. The court denied the petition and he appeals.

This court has stated in numerous cases such as the instant one the basic and necessary…