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WARD v. TURNER

No. 9422.

12 Utah 2d 310 (1961)

366 P.2d 72

FAY WARD, JR., PLAINTIFF AND RESPONDENT, v. JOHN TURNER, WARDEN UTAH STATE PRISON, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

October 26, 1961.

Attorney(s) appearing for the Case

Walter L. Budge, Atty. Gen., Ronald N. Boyce, Asst. Atty. Gen., for appellant.

Glenn C. Hanni, Salt Lake City, for respondent.

WADE, Chief Justice.

Defendant Turner, State Prison Warden, appeals from a special writ judgment in the Third Judicial District Court ordering plaintiff Ward's release from the prison for lack of due process of law occurring during his trial. He was serving a term under a conviction in the Second Judicial District Court of rape. Such conviction was affirmed by this court on appeal,1 where a more detailed statement of the facts is available...

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