GOLDSMITH v. CHENEY

No. 3857.

468 P.2d 813 (1970)

In the Matter of the Application of David M. Goldsmith for a Writ of Habeas Corpus. David M. GOLDSMITH, Plaintiff-Petitioner, v. Lawrence CHENEY, Sheriff of Teton County, Wyoming, Defendant.

Supreme Court of Wyoming.

April 30, 1970.


Attorney(s) appearing for the Case

Daniel P. Svilar, of Boyer & Svilar, Lander, for plaintiff-petitioner.

James E. Barrett, Atty. Gen., Cheyenne, Richard A. Stacy, Frederic C. Reed, Asst. Attys. Gen., Cheyenne, for defendant.

Before GRAY, C.J., and McINTYRE, PARKER, and McEWAN, JJ.


Mr. Justice PARKER delivered the opinion of the court.

David M. Goldsmith, charged jointly with three other defendants under § 6-14, W.S. 1957, with joining in common design to kill Larry Olinger and held under a warrant issued by reason of the complaint, has petitioned this court for a writ of habeas corpus after a similar request had been denied by the trial court of Teton County. Under a stipulation of counsel the relevant facts are that:

Petitioner...

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