STOKES v. STATE

No. 9661.

411 P.2d 392 (1966)

Claude STOKES, Petitioner-Appellant, v. The STATE of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

February 25, 1966.


Attorney(s) appearing for the Case

Roberts & Poole, Boise, for appellant.

Allan G. Shepard, Atty. Gen., and Roger B. Wright, Asst. Atty. Gen., Boise, for respondent.


McFADDEN, Chief Justice.

Appellant, Claude Stokes, was found guilty of the crime of murder in the second degree, following a trial before a jury in the district court of Jefferson County. Following entry of judgment, he was sentenced to serve a term of not to exceed thirty-one years in the Idaho State Penitentiary.

While incarcerated in the penitentiary, appellant filed his petition for a writ of habeas corpus in the Ada County district court. The court granted...

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