No. 19199.

351 P.2d 879 (1960)

Joe (Inez) MARTINEZ, Plaintiff in Error, v. Harry C. TINSLEY, Warden, Colorado State Penitentiary, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied May 23, 1960.

Attorney(s) appearing for the Case

Joe (Inez) Martinez, pro se.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., J. F. Brauer, Asst. Atty. Gen., for defendant in error.

MOORE, Justice.

This cause is before us on writ of error to review a judgment of the district court of Pueblo County discharging a writ of habeas corpus and remanding the plaintiff in error to the custody of Tinsley who is warden of the penitentiary at Canon City. Since the proceeding had its genesis in a criminal action the plaintiff in error will be referred to as defendant.

In April, 1956, an information was filed in the district court of Pueblo County...

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