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McGRATH v. TINSLEY

No. 18624.

328 P.2d 579 (1958)

Thomas Paul McGRATH, Plaintiff in Error, v. Harry C. TINSLEY, Warden of the Colorado State Penitentiary, Defendant in Error.

Supreme Court of Colorado, En Banc.

August 11, 1958.

Attorney(s) appearing for the Case

Robert C. Wilson, Lakewood, 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 petitioner in the court below and will hereinafter be referred to as such. Petitioner filed a document in the district court of Jefferson County labeled "Petition For A Writ of Habeas Corpus." The court entered an order upon respondent to show cause within twenty days why the writ should not issue, to which the District Attorney responded, challenging the sufficiency of the petition. The...

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