ex parte hull argued decided march justice murphy delivered opinion january petitioner convicted statutory sex offense sentenced michigan state prison jackson michigan indeterminate term six months ten years ten months later paroled october convicted another sex offense returned prison serve sentence two half five years entry second judgment apparently sole reason second conviction regarded violation parole petitioner given hearing state parole board passed indefinitely toward maximum sentence first offense see michigan statutes annotated supplement november petitioner prepared petition writ habeas corpus exhibits file took papers prison official requested notarize official refused informed petitioner papers registered letter clerk concerning accepted mailing although papers notarized petitioner delivered father mailing outside prison guards confiscated several days later petitioner attempted mail letter concerning case clerk intercepted sent legal investigator state parole board apparently neither ters returned papers taken father returned late december petitioner prepared another document somehow managed father file clerk december document petitioner detailed efforts file papers confiscated prison officials contended therefore unlawfully restrained prayed released january issued rule show cause leave file petition writ habeas corpus granted warden filed return rule setting forth circumstances two convictions proceedings parole board numerous exhibits justification action preventing petitioner filing papers communicating warden alleged november published regulation providing legal documents briefs petitions motions habeas corpus proceedings appeals first submitted institutional welfare office favorably acted upon referred perry maynard legal investigator parole board lansing michigan documents submitted perry maynard opinion properly drawn directed designated referred back inmate answer petitioner filed return challenged validity regulation contained numerous exhibits one exhibits petition writ habeas corpus taken petitioner father brief petition assailed legality petitioner imprisonment second conviction ground denied procedural due process first question concerns effect regulation quoted warden return regulation invalid considerations prompted formulation without merit state officers may abridge impair petitioner right apply federal writ habeas corpus whether petition writ habeas corpus addressed federal properly drawn allegations must contain questions alone determine compare first national bank anderson erie railroad purdy carter texas see ex parte sharp however invalidity prison regulation compel petitioner release reason necessary examine petition annexed response although exhibit response may considered motion leave file petition writ habeas corpus inasmuch warden opportunity answer next question therefore whether petition premature petition premature compare mcnally hill bonner despite fact petitioner prison sentence first offense liberty parole time arrested charged second offense true parole regulations obligated stay within jackson county imprisonment present mcnally case moreover petitioner parole revoked ordered serve first sentence second conviction see michigan statutes annotated supra reason suppose compel parole board review record second conviction make declaratory ruling conviction void parole reinstated thus last question whether petition treated motion leave file petition writ habeas corpus sufficient necessitate order requiring warden answer bottom petitioner case second trial variance pleading proof respect date offense committed petitioner thus denied fair notice charge guaranteed due process clause exhibits rather vague statements petition following appears opening statement throughout trial prosecutor insisted offense occurred date charged information petitioner defense elsewhere time question testimony tended fix date offense week earlier charged indictment close evidence petitioner counsel moved directed verdict ground evidence prove offense committed date charged information trial judge denied motion charged jury precise date immaterial sufficient show offense occurred month previous trial judge entered judgment jury verdict guilty denied petitioner motion new trial ground urged motion directed verdict michigan subsequently denied certiorari conclude showing made petition exhibits insufficient compel order requiring warden answer petitioner represented counsel throughout second trial yet claim petition objected evidence tending establish different date commission offense claimed surprise moved continuance enable secure witnesses allege time trial alibi date make clear actual extent variance furthermore ascertainment facts impossible since petitioner furnished transcript taken second trial accordingly improper inquire whether petitioner denied procedural due process second trial compare hardy ledbetter hodgson vermont matthews motion leave file petition writ habeas corpus therefore denied footnotes week later petitioner received following reply legal investigator letter november addressed clerk referred writer reply first place application present form acceptable must file petition whatever relief seeking state reasons therefor together memorandum brief petition must verified oath supported proper affidavits letter doubt intercepted reason deemed inadequate undoubtedly accounts fact found way desk apparently legal investigator serves attorney advisor state parole board functions respect legal documents prison inmates appear fully prison regulation quoted hereafter neither letters reached clerk december petitioner requested prison superintendent mail trace registered letter since received return receipt accompanied assistant superintendent replied mailed thru perry maynard orders warden apparently legal investigator made reply