SMITH v. STATE

No. 9421.

391 P.2d 849 (1964)

Gary Lamar SMITH, Petitioner-Appellant, v. STATE of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

April 27, 1964.


Attorney(s) appearing for the Case

George R. Phillips, Pocatello, for appellant.

Allan G. Shepard, Atty. Gen., and Thomas G. Nelson, Asst. Atty. Gen., Boise, Hugh C. Maguire, Jr., Pros. Atty., of Bannock County, Pocatello, for respondent.


McQUADE, Justice.

Petitioner-appellant, Gary Lamar Smith, filed an application (hereinafter referred to as a petition) for a writ of habeas corpus in the district court of Bannock County. He alleged that as his confinement was solely the result of an illegal arrest and an illegal search and seizure, he was entitled to his release from custody. The writ was issued and it was ordered that a hearing thereon be held.

Upon the conclusion of the hearing, the district...

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