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STREIT v. LAINSON

No. 49391.

88 N.W.2d 638 (1958)

Robert Allen STREIT, Appellant, v. Percy A. LAINSON, Warden, Iowa State Penitentiary, Appellee.

Supreme Court of Iowa.

Rehearing Denied April 11, 1958.

Attorney(s) appearing for the Case

Robert Allen Streit, pro se, for appellant.

Norman A. Erbe, Atty. Gen., Raphael R. R. Dvorak, First Asst. Atty. Gen., Freeman H. Forrest, Asst. Atty. Gen., and Johnson & Phelan, Fort Madison, for appellee.

LARSON, Justice.

Robert Allen Streit, pro se, petitioned the Lee County District Court for a writ of habeas corpus claiming that he was illegally restrained of his liberty in the State Penitentiary at Fort Madison, Iowa. A writ was issued returnable October 15, 1957. In his answer the warden stated he was holding Streit under a judgment of conviction and mittimus issued by the District Court of Fayette County, Iowa, that the judgment was entered upon a plea of guilty...

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