KIRK v. BEST

No. 16486.

225 P.2d 850 (1950)

123 Colo. 127

KIRK v. BEST, Warden.

Supreme Court of Colorado, en Banc.

December 11, 1950.


Attorney(s) appearing for the Case

Ziegler & Hoyt, Colorado Springs, for plaintiff in error.

John W. Metzger, Atty. Gen., Allen Moore, Deputy Atty. Gen., Frank A. Wachob, Asst. Atty. Gen., for defendant in error.


HOLLAND, Justice.

Plaintiff in error, as petitioner, obtained a writ of habeas corpus which, on hearing upon return and reply thereto, was dismissed. Error is assigned to the judgment of dismissal.

On April 15, 1947, a criminal information was filed in the district court in which petitioner was charged under section 222, chapter 48, '35 C.S.A. with obtaining money "by use of the confidence game." On the same day, without representation by counsel, he entered...

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