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JOHNSON v. STATE

No. 9179.

376 P.2d 704 (1962)

Douglas C. JOHNSON, Petitioner-Appellant, v. STATE of Idaho, Defendant-Respondent. In the Matter of the Application of Douglas C. Johnson for a Writ of Habeas Corpus.

Supreme Court of Idaho.

December 3, 1962.

Attorney(s) appearing for the Case

Ralph H. Jones, Jr., of Jones, Pomeroy & Jones, Pocatello, for appellant.

Frank L. Benson, Atty. Gen., William E. Swope, Asst. Atty. Gen., Boise, Hugh C. Maguire, Jr., Pros. Atty., Bannock County, Vern E. Herzog, Jr., Asst. Atty. Gen., Pocatello, for respondent.

McFADDEN, Justice.

Appellant applied to the District Court for a writ of habeas corpus by an instrument, entitled "Writ of Habeas Corpus", but considered by all parties as a petition for such writ. In this first petition, dated December 1, 1961, appellant set out the fact of his arrest and of his being taken before a Justice of the Peace and of having read to him a complaint charging him with forgery and being a persistent violator; he further states he asked for...

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