Springstein v. Saunders
Decision Date | 20 October 1917 |
Docket Number | 31995 |
Citation | 164 N.W. 622,182 Iowa 658 |
Parties | J. G. SPRINGSTEIN, Appellant, v. J. C. SANDERS, Appellee |
Court | Iowa Supreme Court |
REHEARING DENIED JANUARY 17, 1918.
Appeal from Lee District Court.--HENRY BANK, Judge.
THE plaintiff, a prisoner in the state penitentiary at Fort Madison, Iowa, petitioned for a writ of habeas corpus directed to the warden of that institution, to test the legality of the restraint exercised over him. The substance of the complaint will be set out more fully in the opinion. The district court denied the relief asked, and the petitioner appeals.
Affirmed.
Liston McMillan, for appellant.
H. M Havner, Attorney General, and F. C. Davidson, Assistant Attorney General, for appellee.
The plaintiff's petition, which bears date of January 11, 1917, discloses that, on March 21, 1913, in the district court of Dickinson County, Iowa, he was convicted of the crime of rape, committed upon one Ora Lombard, and sentenced to confinement in the penitentiary at Fort Madison; that a warrant of commitment was issued by said court to carry the sentence into effect; and that, under and by virtue thereof, plaintiff has since been kept and restrained in the penitentiary, of which the respondent herein is warden. No complaint is made that plaintiff was not indicted and tried in the manner required by law, or that said district court did not act strictly within its jurisdiction in entering said judgment, or in issuing said warrant of commitment; but the sole ground upon which he demands his release upon habeas corpus is that, although convicted in due form of law, he is in fact innocent of the crime charged against him, and that his conviction was obtained by intimidation and perjury. That we may not err in the statement of his claim, we quote literally from the petition as follows:
These allegations are supported by an affidavit as follows:
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