OPINION
NELSON, Justice.
Appeal from an order entered October 27, 1966, discharging a writ of habeas corpus.
It appears from the record that relator, hereinafter referred to as defendant, was arrested on March 23, 1961, on a charge of drunkenness. Two week later, on April 7, 1961, an information was filed charging him with having had sexual intercourse with his daughter on March 5, 1961, in violation of Minn.St.1961, § 617.13.
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