O'SULLIVAN, J.
This action was instituted by the plaintiff to obtain a writ of habeas corpus directed against the warden of the state prison. The court issued the writ but subsequently dismissed it, and from the judgment rendered the plaintiff has appealed.
In his return, the warden alleged that he was holding the plaintiff by virtue of a mittimus wherein it was recited that the plaintiff had been indicted by a grand jury for murder in the first degree on...
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