R. D. Malloroy v. State Idaho

Plaintiff (appellant) had been serving a term of not more than three years in the state penitentiary upon a judgment entered in the District Court in and for Benewah County, adjudging him guilty of a felony. August 30, 1965, plaintiff escaped. He was later apprehended, tried, and convicted of the crime of escape, and sentenced to an additional term of not less than two, nor more than three, years. In May, 1966, plaintiff filed a petition for a writ of habeas corpus in the District Court in and for Ada County, alleging that the escape statute, I.C. § 18-2505, for violation of which he had been convicted, was unconstitutional. Plaintiff brought this appeal from the order of the district court denying his petition.