Opinion
No. 40,453.
July 14, 1967.
Criminal law — postconviction habeas corpus — denial of petition without hearing.
Appeal by Richard M. Cable from an order of the Washington County District Court, Leonard Keyes, Judge, denying his petition for a writ of habeas corpus. Reversed and remanded.
C. Paul Jones, State Public Defender, and Ronald L. Haskvitz, Assistant State Public Defender, for appellant.
Douglas M. Head, Attorney General, Gerard W. Snell, Acting Solicitor General, and David C. Weinberg, Special Assistant Attorney General, for respondent, warden of State Prison.
Applying the rules established in State ex rel. Roy v. Tahash, 277 Minn. 238, 152 N.W.2d 301, the petition appears to sufficiently allege some facts which, if proved, would entitle petitioner to relief, thus precluding a summary disposition. The decision of the trial court must, therefore, be reversed and the case remanded for further proceedings in accordance with our supervening postconviction-remedy statute, Minn. St. 590.01, et seq.
Reversed and remanded.