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APPLICATION OF TREVITHICK

No. 10171.

131 N.W.2d 440 (1964)

Application of Thomas W. TREVITHICK for a writ of habeas corpus.

Supreme Court of South Dakota.

November 18, 1964.

Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, and Carleton R. Hoy, Sioux Falls, for appellant.

Frank L. Farrar, Atty. Gen., Walter Weygint, Asst. Atty. Gen., Pierre, J. A. Lammers, State's Atty., Madison, and Roger A. Schiager, Deputy State's Atty., Sioux Falls, for respondent.

HANSON, Judge.

Petitioner was charged with the crime of kidnapping. He defended himself and was convicted. He now seeks release from the State Penitentiary in this habeas corpus proceeding claiming a denial of due process of law in violation of both the State and Federal Constitutions. The question presented is whether petitioner waived his right to counsel.

In Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799...

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