Cobas v. Clapp

KEETON, Chief Justice.

Appellant commenced this proceeding in the District Court of Ada County to secure his release from alleged unlawful confinement in the Idaho State Penitentiary. By order made, the Honorable Merlin S. Young, District Judge, ordered defendant L. E. Clapp, Warden of the Penitentiary to produce appellant at a time fixed “together with the time and cause of the detention”.

The warden produced the body of appellant as directed and answered that he, as such warden, retained custody of appellant by virtue of a judgment of conviction and order of commitment from the District Court…