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TOOGOOD v. BREWER

No. 54550.

187 N.W.2d 748 (1971)

David G. TOOGOOD, Appellant, v. Lou V. BREWER, Warden Iowa State Penitentiary, Appellee.

Supreme Court of Iowa.

June 17, 1971.

Attorney(s) appearing for the Case

George E. Wright, Fort Madison, for appellant.

Richard C. Turner, Atty. Gen., Richard Winders, Asst. Atty. Gen., and E. W. Henke, County Atty., Charles City, for appellee.

MOORE, Chief Justice.

On April 14, 1970 David G. Toogood, petitioned the Lee County District Court for a writ of habeas corpus. He alleged his restraint in the Iowa State Penitentiary, under the commitment from Floyd County, was illegal. After a full evidentiary hearing the trial court on June 30, 1970 denied and dismissed his application.

On this appeal petitioner asserts the trial court erred in denying the writ because (1) he had not been given effective...

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