State ex rel. Riggers v. Tahash

Per Curiam. This is an appeal from an order of the District Court of Washington County denying appellant’s petition for a writ of habeas corpus without a hearing. 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., (L. 1967, c. 336). See, State ex rel. Cable v. Tahash, 277 Minn. 503 , 152 N. W. (2d) 308 . Reversed and remanded.