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GALLEGOS v. TURNER

No. 10417.

17 Utah 2d 273 (1965)

409 P.2d 386

ANASTACIO GALLEGOS, AKA TED GALLEGOS, AND JUAN R. GALLEGOS, AKA RAY GALLEGOS, PLAINTIFFS AND APPELLANTS, v. JOHN W. TURNER, WARDEN, UTAH STATE PRISON, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

December 27, 1965.

Attorney(s) appearing for the Case

Anastacio Gallegos, pro se.

Phil L. Hansen, Atty. Gen., Ronald N. Boyce, Chief Asst. Atty. Gen., for respondent.

CROCKETT, Justice.

The appellants, in the Utah State Prison serving a sentence for second degree murder after conviction upon a trial by jury and affirmance by this court,1 petitioned the District Court for their release under habeas corpus.

The petition is founded upon the contention that a key witness for the prosecution, Mike Don Hoopiiana, gave false testimony at the trial; and that the district attorney knowingly employed...

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