In Re Rash

(Dissenting.)

I dissent.

The petition for the writ shows petitioner was admitted to bail, which was supplied. He is not in actual custody, and is therefore not entitled to the writ of habeas corpus, which is for the benefit of those unlawfully restrained of their liberties. (Secs. 19-4301, 4302, 4305, 4308, 4309, I. C. A.; Evans v. District Court, 47 Ida. 267, 275 P. 99; State v. Olsen, 53 Ida. 546, 26 P. (2d) 127; In re Dykes, et al., (Okla.) 74 P. 506; Ex parte Powell, et al., (Wash.) 70 P. (2d) 778; Ex Parte Ford (Cal.) 116 P. 757; Ex parte Gilkey (Cal.) 259 P. 766; Ex parte Newman, (Ariz.)…