stating that “[h]abeas corpus would appear to be the proper remedy” for a prisoner seeking to have his probation reinstated
How later courts described this case
- stating that “[h]abeas corpus would appear to be the proper remedy” for a prisoner seeking to have his probation reinstated
- applying predecessor Rule 27.26
- habeas corpus is the proper remedy for challenging the revocation of parole or probation
Written by the judges who cited it.
The opinion
SEILER, Judge
(dissenting).
I would treat defendant’s motion as an application for habeas corpus, set it for reargument, and request counsel to brief and argue the constitutionality of Sec. 549.101, RSMo 1969, V.A.M.S. We will have to face this issue sooner or later and I believe it is better for all concerned to do so now, rather than postponing it. I therefore respectfully dissent.