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STATE EX REL. SPANTON v. CLAPP

No. 8470.

299 P.2d 1105 (1956)

STATE of Idaho, ex rel. Ronald D. SPANTON, Petitioner, v. L. E. CLAPP, Chairman for the Idaho State Board of Correction, Idaho State Penitentiary, Boise, Idaho, Defendant.

Supreme Court of Idaho.

July 20, 1956.

Attorney(s) appearing for the Case

Ronald D. Spanton, pro se.

Graydon W. Smith, Atty. Gen., Edward J. Aschenbrener, T. J. Jones, III, Asst. Attys. Gen., for respondent.

TAYLOR, Chief Justice.

Petitioner filed original application with this court for writ of habeas corpus June 11, 1956. Writ issued June 13, 1956. The defendant filed a motion to quash and a return, to which petitioner answered. By these pleadings it is shown that petitioner had previously made application to the district court of the Third Judicial District for writ of habeas corpus, upon the same ground upon which writ was issued herein; writ was issued by the district...

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