Frink v. Bennett

GARFIELD, Chief Justice.

This appeal of plaintiff, a prisoner in the penitentiary, from denial of his petition for a writ of habeas corpus raises a single question of claimed denial of his constitutional rights to equal protection of the laws and due process of law.

Plaintiff was indicted in Monroe county on February 16, 1962 for assault with intent to commit murder, in violation of section 690.6 Code 1962, committed December 14, 1961. Trial commenced March 14, 1962 and on March 19 the jury was discharged for failure to reach a verdict. March 30 the case was assigned for trial again on Monday,…