DOWD v. SIMS

No. 28,617.

229 Ind. 54 (1950)

95 N.E.2d 628

DOWD, WARDEN v. SIMS.

Supreme Court of Indiana.

Filed December 15, 1950.


Attorney(s) appearing for the Case

J. Emmett McManamon, Attorney General; Charles F. O'Connor and Merl M. Wall, Deputy Attorneys General, for appellant.

James C. Cooper, Public Defender of Indiana, for appellee.


EMMERT, J.

This was an action instituted by the appellee, hereafter at times referred to as the prisoner, then an inmate of the Indiana State Prison, against the appellant, as Warden of the said Prison, for a writ of habeas corpus. The court gave judgment in favor of the appellee and ordered his release from the Indiana State Prison. The motion for the new trial being overruled, the appellant has taken this appeal.

An examination of the record reveals that...

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