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FERGUSON v. TINSLEY

No. 21470.

401 P.2d 615 (1965)

Charles Willard FERGUSON, Plaintiff in Error, v. Harry C. TINSLEY, Warden of the Colorado State Penitentiary, Defendant in Error.

Supreme Court of Colorado, En Banc.

May 3, 1965.

Attorney(s) appearing for the Case

Charles Willard Ferguson, pro se.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., George H. Sibley, Sp. Asst. Atty. Gen., Denver, for defendant in error.

PRINGLE, Chief Justice.

Plaintiff in error, Charles Willard Ferguson, filed a petition for writ of habeas corpus in the trial court. He contended there, as he does here, that the sentence of not less than 20 years nor more than 30 years imposed upon him for the crime of robbery was null and void in that C.R.S. '53, 40-5-1 provides that one convicted of the crime charged against him should "be confined in the penitentiary for a term of not less than two years, or for...

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