SMITH v. TINSLEY

Civ. A. No. 8201.

223 F.Supp. 68 (1963)

David SMITH, Petitioner, v. Harry C. TINSLEY, Warden, Colorado State Penitentiary, Respondent.

United States District Court D. Colorado.

November 7, 1963.


Attorney(s) appearing for the Case

Malcolm E. MacDougall, Denver, Colo., for petitioner.

Duke W. Dunbar, Atty. Gen., John E. Bush, Asst. Atty. Gen., Denver, Colo., for respondent.


DOYLE, District Judge.

In 1943, David Smith, the petitioner in the instant case, was arraigned in the District Court for and in the County of Pueblo, on an Information charging murder. Through his attorney, he entered a plea of guilty to second degree murder.

Both on a prior motion to vacate sentence and judgment under Rule 35(b) of the Colorado Rules of Criminal Procedure, and in the instant petition, Smith has alleged that the procedure followed on arraignment...

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