WALLACE v. LAINSON

No. 49640.

95 N.W.2d 277 (1959)

Donald Wayne WALLACE, Petitioner-Appellant, v. Percy A. LAINSON, Warden, Iowa State Penitentiary, Appellee.

Supreme Court of Iowa.

Rehearing Denied May 8, 1959.


Attorney(s) appearing for the Case

Welch & Welch, Logan, for appellant.

Norman A. Erbe, Atty. Gen., Hugh V. Faulkner, Asst. Atty. Gen., for appellee.


HAYS, Justice.

Petitioner, now an inmate of the State Penitentiary, petitioned the Lee District Court for a writ of habeas corpus alleging his conviction and sentence was void. The writ was denied and he appeals.

In 1955, by a county attorney's information, the petitioner, appellant herein, was charged with breaking and entering in violation of section 708.8, Code 1954, I.C. A., and as an habitual criminal as defined in section 747.5, Code 1954, I.C.A. To...

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