Application of Robinson

OPINION

By the Court,

Eather, J.:

This is an appeal from order of the court below denying appellant discharge from custody under a writ of habeas corpus. The matter is before the court at this time upon the merits of the appeal and also upon the state’s motion to dismiss the appeal upon the ground that the issues involved have become moot. Having doubts as to the desirability of independent action upon the motion to dismiss (for reasons hereinafter discussed), we ordered it submitted contemporaneously with the appeal upon its merits.

On Motion to Dismiss

At the time of issuance of the writ…