Page:North Dakota Reports (vol. 48).pdf/496

 THE STATE OF NORTH DAKOTA, ex rel. VADNAIS, v. L. L. STAIR, Warden of the State’s Penitentiary.

Criminal law—habeas corpus—writ may be invoked by prisoner unlawfully restrained of liberty while on probation.

1. A person who has been placed on probation under a suspended sentence cannot be deprived of the liberty thus granted except in pursuance of the laws in such cases made and provided; and in case he is deprived of his liberty in violation of the rights and benefits thus conferred upon him, he may properly invoke the Writ of Habeas Corpus.

Habeas corpus—probationed prisoner, wrongly deprived of his liberty, may show that Board of Experts found that he had not violated its rules.

2. In case of his arrest and incarceration, such person may show on habeas corpus that the Board of Experts, the board under whose juris- diction such persons are placed, have at no t‘me found that he has violated any of the rules and regulations prescribed for probationers, but on the other hand have found that he did not violate such rules and regulations; that he has not, in fact, violated any of such rules and regulations; and that the Board of Experts have never terminated the probation.

Application by the State on the relation of W. E. Vadnais for a writ of habeas corpus to L. L. Stair, Warden of the State’s Penitentiary.

Granted.

Per Curiam Opinion.

''Wm. Langer & E. T. Burke'', for petitioner.

Olaf Braatelien, States Attorney of Divide County and W. A. Anderson, Assistant Attorney General, for respondent.

. This is an original application for a writ of habeas corpus which was presented to this court after a denial of the application hy Judge Nuessle, one of the judges of the Fourth judicial district. It appears from the petition that on the 18th day of January, 1921, the relator, Vadnais, was sentenced by the district court of Divide county to imprisonment in the state penitentiary for a term of five years, on a charge that he, while county auditor of such county, had falsified public records; that the execution of such sentence was suspended by the district