RUARK v. TINSLEY

No. 8061.

350 F.2d 315 (1965)

Theodore C. RUARK and Charles W. Ferguson, Appellants, v. Harry C. TINSLEY, Warden of the Colorado State Prison, Appellee.

United States Court of Appeals Tenth Circuit.

August 3, 1965.


Attorney(s) appearing for the Case

Diane C. MacDonald, Denver, Colo., for appellants.

George E. DeRoos, Asst. Atty. Gen. (Duke W. Dunbar, Atty. Gen., and Frank E. Hickey, Deputy Atty. Gen., on brief), for appellee.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.


PER CURIAM.

This is an appeal from an order denying an application for a writ of habeas corpus. Both Ferguson and Ruark, hereinafter referred to collectively as petitioners, are confined in the Colorado State Penitentiary under sentences imposed by a Colorado state court. Ferguson was sentenced on a plea of guilty and Ruark on a verdict of guilty.

Prior to their conviction, the petitioners filed an application in the Colorado Supreme Court for a writ of prohibition...

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