People ex rel. Grenfell v. District Court of Second Judicial Dist. In and For City and County of Denver

• Decision Date: 11 May 1931
• Docket Number: 12658.
• Citation: 299 P. 5,89 Colo. 88
• Parties: PEOPLE of State of Colorado, upon the Relation of Helen L. GRENFELL, Charles J. Moynihan, and Frank S. Hoag, Individually and as Members of Colorado Board of Corrections, et al., Petitioner, v. DISTRICT COURT OF SECOND JUDICIAL DISTRICT of State of Colorado IN AND FOR CITY and COUNTY of DENVER, and Hon. Henley A. Calvert, Judge of said District Court, Respondents.
• Court: Colorado Supreme Court

299 P. 5

89 Colo. 88

PEOPLE of State of Colorado, upon the Relation of Helen L. GRENFELL, Charles J. Moynihan, and Frank S. Hoag, Individually and as Members of Colorado Board of Corrections, et al., Petitioner, v. DISTRICT COURT OF SECOND JUDICIAL DISTRICT of State of Colorado IN AND FOR CITY and COUNTY of DENVER, and Hon. Henley A. Calvert, Judge of said District Court, Respondents.

No. 12658.

Supreme Court of Colorado, En Banc.

May 11, 1931

Petition for Writ of Prohibition.

Horace N. Hawkins, Horace N. Hawkins, Jr., Harold G. King, Charles T. Mahoney, and Arthur R. Morrison, all of Denver, for petitioners.

Earl Wettengel, Dist. Atty., and Charles F. Morris, Deputy Dist. Atty., both of Denver, for respondents.

CAMPBELL, J.

This application for a writ of prohibition against the respondents is a companion case to cause No. 12657, decided at this term. 299 P. 1. The same questions of law and fact are involved in both cases. The present application concerns the alleged unlawful release from imprisonment of Weimer D. Nutt, and the other the alleged unlawful release of George West. Counsel for the respective parties are the same in both cases.

Our determination in cause No. 12657 settles the present case. The judgment of the court, therefore, is that the writ of prohibition should be, and it is, granted.

Writ granted.