McWILLIAMS, Chief Justice.
Swanson and Miller, hereinafter referred to as the defendants, upon a joint trial to the court were convicted of the crime of unnatural carnal copulation. See C.R.S. '53, 40-2-31. Their motion for new trial was thereafter denied and each was duly sentenced to a term in the State Penitentiary. No writ of error seeking review of this judgment and sentence ever issued.
Three years later the defendants, still in custody, filed a motion...
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