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TURNER v. WARD

No. 7332.

321 F.2d 918 (1963)

John TURNER, Warden, Utah State Prison, Appellant, v. Fay WARD, Jr., Appellee.

United States Court of Appeals Tenth Circuit.

August 29, 1963.

Attorney(s) appearing for the Case

Ronald M. Boyce, Deputy Atty. Gen. (A. Pratt Kesler, Atty. Gen., on the brief), for appellant.

Glenn C. Hanni, of Strong & Hanni, Salt Lake City, Utah, for appellee.

Before MURRAH, Chief Judge, and BRATTON and HILL, Circuit Judges.

HILL, Circuit Judge.

Appellant, Turner, as Warden of the Utah State Prison, has appealed from an order of the court below granting appellee, Ward, a writ of habeas corpus ordering his release from custody.

Ward was tried and convicted in the District Court of Weber County, Utah, for the crime of rape. Upon appeal to the Utah Supreme Court, the conviction was affirmed.1 Thereafter, Ward...

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