GALLEGOS v. TINSLEY

No. 18707.

337 P.2d 386 (1959)

Jose R. GALLEGOS, Plaintiff in Error, v. Harry C. TINSLEY, Warden, Colorado State Penitentiary, Defendant in Error.

Supreme Court of Colorado, En Banc.

March 30, 1959.


Attorney(s) appearing for the Case

Francis R. Salazar, Denver, 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.


MOORE, Justice.

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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