State Ex Rel. Atkinson v. Tahash

Murphy, Justice.

This is an appeal from an order of the district court discharging a writ of habeas corpus. It is contended that the trial court erred in finding defendant’s sentence as a habitual criminal was valid; that the information charging the prior conviction was defective and not timely filed; that the proceedings by which he was sentenced did not comply with the applicable statutes; and that the Adult Corrections Commission, rather than the courts, had determined his length of confinement.

It appears that the defendant, who is now 32 years of age, is a product of a broken home and has…