BIRK v. BENNETT

No. 51902.

141 N.W.2d 576 (1966)

Raymond BIRK, Appellee, v. John E. BENNETT, Warden, Iowa State Penitentiary, Appellant.

Supreme Court of Iowa.

April 5, 1966.


Attorney(s) appearing for the Case

Lawrence F. Scalise, Atty. Gen. of Iowa, Ronald A. Riley, Asst. Atty. Gen., and Thomas Tucker, Fort Madison, for appellant.

John S. Huiskamp, Keokuk, for appellee.


THORNTON, Justice.

Plaintiff, a prisoner in the state penitentiary, sought his release by way of habeas corpus, as a post-conviction remedy. He was informed against in Black Hawk County for a violation of section 713.1, Code, 1958, and as an habitual criminal, section 747.5, he entered a plea of guilty and was sentenced to a term of not more than 25 years. The trial court granted the writ and discharged plaintiff from the custody of the warden. Defendant appeals....

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