(Download) "John H. Ebersole v. State Idaho" by Supreme Court of Idaho No. 9868 ~ Book PDF Kindle ePub Free
eBook details
- Title: John H. Ebersole v. State Idaho
- Author : Supreme Court of Idaho No. 9868
- Release Date : January 15, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This appeal is from an order of the Ada County District Court quashing a writ of habeas corpus issued upon the petition of
John H. Ebersole. By his petition appellant alleged that he was unlawfully incarcerated in the Idaho State Penitentiary, that
the judgment of conviction and imprisonment by which he was held violated his rights under the United States Constitution
and the Constitution of this State. Briefly, the facts leading to this appeal are as follows: Appellant was arrested September 8, 1965, in Jefferson County and
charged with the crime of second degree burglary. He was brought before the probate court that day but, being under the influence
of narcotics, hearing was continued until the next day, September 9th, at which time he waived preliminary hearing and was
bound over to the Jefferson County District Court. The following day, September 10th, he was taken before the Court for arraignment.
The judgment of conviction recites that on that day appellant waived counsel, entered a plea of guilty, and was adJudged guilty
of the crime of second degree burglary. The judgment ordered pre-sentence investigation with appellant being committed to
State Hospital South for investigation and treatment. On October 8, 1965, appellant was returned to court and sentenced, with
the sentence being suspended and appellant placed on probation. On December 17, 1965, he was again brought before the court
for violation of the probation order, and judgment and commitment to the Idaho State Penitentiary was entered.
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