State Ex Rel. Nelson v. Rigg

Nelson, Justice.

Vemit Nelson petitioned the district court for a writ of habeas corpus to obtain his release from custody. The district court denied the petition finding: (1) That the facts alleged in the petition and the grounds upon which the petitioner apparently relied were not sufficient to justify the issuance of the writ; and (2) that the petition was sham and frivolous and showed on its face that it had no merit.

It appears that the appeal to this court is filed under the practice established by State ex rel. Alexander v. Rigg, 247 Minn. 110, 114, 76 N. W. (2d) 478, 480. It is clear…