STRUBLE v. HICKS

No. 16538.

224 P.2d 932 (1950)

123 Colo. 16

STRUBLE et al. v. HICKS.

Supreme Court of Colorado, en Banc.

November 6, 1950.


Attorney(s) appearing for the Case

Chester A. Bennett, and Wm. Justus Wilkinson, Fort Collins, for plaintiff in error.

John J. Tobin, and Fancher Sarchet, Fort Collins, for defendants in error.


HOLLAND, Justice.

Upon a fabricated record, we are called upon to annul an order of the district court releasing defendant in error from the custody of a sheriff in a pretended habeas corpus proceeding. As gathered from the record before us, there was no hearing in compliance with the procedure required in habeas corpus matters, and in fact no writ issued; however, the prisoner was released. If we were not confronted by the apparent fact that the protection of the...

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