Plaintiff in error, to whom we will refer as defendant, and one DeHerrera, filed a joint petition in the district court of Fremont county for a writ of habeas corpus. They alleged that they had been convicted of forcible rape in the district court of Pueblo county in May 1957; that they were sentenced to a term of not less than five nor more than ten years in the state penitentiary; and that their imprisonment...
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