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NEAL v. BECKSTEAD

No. 4934.

214 F.2d 133 (1954)

Don Jesse NEAL, Appellant, v. George BECKSTEAD, Sheriff of Salt Lake County; and Marcel Graham, Warden of Utah State Prison, Appellees.

United States Court of Appeals Tenth Circuit.

June 22, 1954.

Attorney(s) appearing for the Case

Carle Whitehead, Denver, Colo. (David I. Shapiro, New York City, Billy Hulsey, Salt Lake City, Utah, and Herbert Monte Levy, New York City, on the brief), for appellant.

Walter L. Budge, Asst. Atty. Gen., State of Utah (E. R. Callister, Atty. Gen., State of Utah, on the brief), for appellees.

Before PHILLIPS, Chief Judge, and BRATTON, HUXMAN, MURRAH, and PICKETT, Circuit Judges.

PER CURIAM.

On a consideration of the record in the instant case and the opinion of the Supreme Court of Utah in State v. Neal, 1 Utah.2d 122, 262 P.2d 756, certiorari denied, 347 U.S. 963, 74 S.Ct. 714, May 3, 1954, the court is of the opinion that under the law of Utah the matters complained of resulted in no prejudice or injury to Neal and that upon an appraisal of the totality of the facts...

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