Supreme Court of Minnesota July 19, 1968, 40941 (State Ex Rel. Kopetka v. Tahash)

Nelson, Justice.

This is an appeal from an order discharging a writ of habeas corpus.

The background facts of this case are set out in State v. Kopetka, 265 Minn. 371, 121 N. W. (2d) 783, as follows:

“* * * The defendant, Charles T. Kopetka, at the time the offense was committed, was employed by a poultry firm to. viscerate chickens.