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STATE EX REL. PARKS v. TAHASH

No. 41037.

170 N.W.2d 448 (1969)

STATE of Minnesota ex rel. James L. PARKS, Appellant, v. Ralph H. TAHASH, Warden, Minnesota State Prison, Respondent.

Supreme Court of Minnesota.

September 5, 1969.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Robert E. Oliphant, Asst. Public Defender, Minneapolis, for appellant.

Douglas M. Head, Atty. Gen., Richard H. Kyle, Sol. Gen., David J. Byron, Asst. Atty. Gen., Dennis O'Brien, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

FRANK T. GALLAGHER, Justice.

Appeal from an order of the district court discharging petitioner's writ of habeas corpus brought to compel his release from custody of respondent, warden of the State Prison.

On January 18, 1965, at about 8:30 a. m. a police radio message indicated that a car had been broken into in the area of St. Mary's Hospital in Minneapolis and that doctors' bags had been removed from it. The message included a description...

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