COBAS v. CLAPP

No. 8533.

319 P.2d 475 (1957)

David R. COBAS, Plaintiff-Appellant, v. L. E. CLAPP, Chairman of the Idaho State Board of Corrections, and Warden of the Idaho State Penitentiary, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied January 8, 1958.


Attorney(s) appearing for the Case

Nash Barinaga, Boise, for appellant.

Graydon W. Smith, Atty. Gen., T. J. Jones, III, Edward Aschenbrener and Elbert Gass, Asst. Attys. Gen., for respondent.


KEETON, Chief Justice.

Appellant commenced this proceeding in the District Court of Ada County to secure his release from alleged unlawful confinement in the Idaho State Penitentiary. By order made, the Honorable Merlin S. Young, District Judge, ordered defendant L. E. Clapp, Warden of the Penitentiary to produce appellant at a time fixed "together with the time and cause of the detention".

The warden produced the body of appellant as directed and answered...

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