Francis v. Amrine

The opinion of the court was delivered by

Harvey, J.:

This is an original habeas corpus proceeding. The petitioner is a prisoner in our state penitentiary. The record presented disclosed that respondent has custody of the petitioner under and by virtue of a judgment of the district court of Mitchell county which recites that on May 2, 1934, the petitioner, being then represented by counsel, entered a plea of guilty to an information charging him with forgery in the second degree, and upon such plea he was sentenced to the state penitentiary for a term of not to exceed ten years and to pay the…