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STATE v. JAMESON

No. 9706.

91 N.W.2d 743 (1958)

STATE of South Dakota ex rel. John Mertz WARNER, Plaintiff and Appellant, v. G. Norton JAMESON, as the duly appointed, qualified and acting Warden of the South Dakota State Penitentiary, Defendant and Respondent.

Supreme Court of South Dakota.

September 8, 1958.

Attorney(s) appearing for the Case

Schiager & Schiager, Sioux Falls, for plaintiff and appellant.

Phil Saunders, Atty. Gen., George W. Wuest, Asst. Atty. Gen., for defendant and respondent.

HANSON, Judge.

On May 17, 1952 petitioner, John Mertz Warner, pleaded guilty to two counts of an information charging indecent molestation of a minor child. The information was filed, and petitioner was arraigned, in the Circuit Court of Codington County. He was sentenced to serve ten years in the state penitentiary on each count, the sentences to run concurrently. He is now serving such sentence.

Petitioner filed an application for a writ of habeas corpus...

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