McPHIE v. TURNER

No. 9163.

10 Utah 2d 237 (1960)

351 P.2d 91

JAMES R. McPHIE, PLAINTIFF AND APPELLANT, v. JOHN W. TURNER, WARDEN OF UTAH STATE PRISON, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

April 19, 1960.


Attorney(s) appearing for the Case

Dudley M. Amoss, Salt Lake City, for appellant.

Walter L. Budge, Atty. Gen., Vernon B. Romney, Asst. Atty. Gen., for respondent.


WADE, Justice.

Plaintiff appeals from a denial of his petition for a writ of habeas corpus. He contends that after he was convicted and sentenced to a term in the state prison for issuing a fictitious check, he was placed on probation and later in violation of due process of law,1 and without a hearing on whether he had violated his probation, the stay of execution was terminated, and he was committed to the state prison.

Plaintiff...

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