Application of McDonald

The following opinion was filed October 10, 1922:

Eschweiler, J.

Upon the hearing of this matter the assistant attorney general, appearing on behalf of the warden, very frankly conceded that there was no warrant in law for the continued confinement of said petitioner in the state prison and for that reason no formal return was made or objection interposed to the granting of the petitioner’s prayer for his discharge.

It has been requested, however, and it is deemed advisable, that the situation presented under the record should be discussed.

Apparently the theory upon which the petitioner was…