McFADDEN, Chief Justice.
Earl Winter, the Sheriff of Elmore County, Idaho, as appellant, brings this appeal from an order of the district court which granted the petition of Willard R. Jacobson, respondent, for a writ of habeas corpus, and under which order the respondent was discharged from the custody of appellant.
The events leading to this appeal started in Mountain Home, when respondent Jacobson, on February 28, 1964, commenced to issue what were asserted...
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