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LEWIS v. TINSLEY

No. 18554.

330 P.2d 532 (1958)

Eugene Raymond LEWIS, Plaintiff in Error, v. Harry C. TINSLEY, Warden of the Colorado State Penitentiary, Defendant in Error.

Supreme Court of Colorado, En Banc.

October 14, 1958.

Attorney(s) appearing for the Case

William O. DeSouchet, John G. Taussig, Jr., and William A. Trine, Boulder, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John W. Patterson, Asst. Atty. Gen., for defendant in error.

DAY, Justice.

Plaintiff in error was the petitioner in the lower court in a habeas corpus proceeding in which he sought release from the state penitentiary on a number of grounds. Contending that the court erred in denying his petition for habeas corpus, he brings the matter here on writ of error.

In 1950 petitioner was charged by an information in four counts with: robbery, assault with intent to commit murder; assault and battery, and kidnapping. Upon

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