Wallace v. Weber

The opinion of the court was delivered by

Johnston, C. J.:

This was a proceeding in habeas corpus brought by Lewis Wallace, a minor, and by his mother as guardian, to release Lewis from imprisonment. The district court after a hearing decided that the prisoner should be released, and stated in substance that the record of the proceedings was so imperfect that it was hard to find what occurred, and that there were so many irregularities and invalidities that the court felt impelled to discharge the petitioner. The city marshal, Art Weber, appeals.

The controversy and the proceedings referred to…