FERRELL v. VOGT

No. 22268.

423 P.2d 844 (1967)

Joseph FERRELL, Plaintiff in Error, v. Ray VOGT, Sheriff of Arapahoe County, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 6, 1967.


Attorney(s) appearing for the Case

Harry L. Arkin, Denver, for plaintiff in error.

Martin P. Miller, Dorothy Binder, Littleton, for defendant in error.


KELLEY, Justice.

This proceeding was instituted by Joseph Ferrell, petitioner, to challenge the legality of his incarceration. Although there are some technical deficiences in the pleadings, we have elected to ignore these and to treat the matter as a habeas corpus proceeding.

In order to focus on the constitutional issue raised by petitioner, a brief factual background is essential. The trial court conducted an extensive hearing and made findings of fact...

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