State Ex Rel. Bennett v. Rigg

Loevinger, Justice.

This is an appeal from a district court denial of a petition for a writ of habeas corpus.

Petitioner challenges the validity of the sentence imposed. Petitioner has, however, previously raised this issue in a habeas corpus proceeding and the determination has been adverse to his contention. State ex rel. Bennett v. Rigg, 257 Minn. 406, 102 N. W. (2d) 17. Whether or not the matter is technically res judicata, see Leith v. Horgan, 13 N. J. 467, 100 A. (2d) 175, 38 A. L. R. (2d) 1440, our prior decision is, nevertheless, a controlling precedent precisely in point, and we will…