STATE v. TAHASH

No. 39765.

142 N.W.2d 294 (1966)

STATE of Minnesota ex rel. Blaine Lynne ATKINSON, Appellant, v. Ralph H. TAHASH, Warden Minnesota State Prison, Respondent.

Supreme Court of Minnesota.

April 29, 1966.


Attorney(s) appearing for the Case

Irving Nemerov, Minneapolis, for appellant.

Robert W. Mattson, Atty. Gen., Gerard W. Snell, Sol. Gen., St. Paul, for respondent.


MURPHY, Justice.

This is an appeal from an order of the district court discharging a writ of habeas corpus. It is contended that the trial court erred in finding defendant's sentence as a habitual criminal was valid; that the information charging the prior conviction was defective and not timely filed; that the proceedings by which he was sentenced did not comply with the applicable statutes; and that the Adult Corrections Commission, rather than the courts, had determined...

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