SMITH v. TURNER

No. 9423.

12 Utah 2d 66 (1961)

362 P.2d 581

CHARLES V. SMITH, PLAINTIFF AND RESPONDENT, v. JOHN W. TURNER, WARDEN OF UTAH STATE PRISON, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

June 5, 1961.


Attorney(s) appearing for the Case

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

Earl M. Wunderli, Lester R. Gardiner, Jr., Salt Lake City, for respondent.


HENRIOD, Justice.

Appeal from an order granting a petition for writ of habeas corpus where cruel and unusual punishment was urged, unless the petitioner be taken to a county hospital, given medical tests, recommendations for treatment for petitioner's psoriasis, and to provide a diet therefor and medication to be prescribed by physicians who might examine him. Reversed with instructions to vacate said order.

Two witnesses appeared, the petitioner and the prison...

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