STATE v. NICHOLS

No. 34441.

91 N.W.2d 308 (1958)

167 Neb. 144

The STATE of Nebraska ex rel. John Paul MENARD, Appellee, v. Robert E. NICHOLS, Superintendent of the Nebraska State Reformatory, Appellant.

Supreme Court of Nebraska.

July 18, 1958.


Attorney(s) appearing for the Case

Clarence S. Beck, Atty. Gen., Gerald S. Vitamvas, Asst. Atty. Gen., for appellant.

Wagener, Marx & Galter, Lincoln, for appellee.

Heard before SIMMONS, C. J., CARTER, MESSMORE, YEAGER, WENKE, and BOSLAUGH, JJ., and NEWKIRK, District Judge.


CARTER, Justice.

This is a habeas corpus proceeding brought by the relator, an inmate of the Nebraska State Reformatory, against the respondent, the superintendent of the reformatory, claiming that he was illegally held in and was entitled to an immediate release from such institution. A return to the writ was filed by the respondent which put in issue the allegations contained in the writ. The trial court found for the relator and directed his immediate release....

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