SEIBOLD v. TURNER

No. 10551.

20 Utah 2d 165 (1967)

435 P.2d 289

JOSEPH TERRY SEIBOLD, PLAINTIFF AND APPELLANT, v. JOHN W. TURNER, WARDEN, UTAH STATE PRISON, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

December 5, 1967.


Attorney(s) appearing for the Case

Hanson & Baldwin, F. Alan Fletcher, Salt Lake City, for appellant.

Phil L. Hansen, Atty. Gen., Gerald G. Gundry, Asst. Atty. Gen., Salt Lake City, for respondent.


ELLETT, Justice:

This is an appeal from a dismissal of a petition by plaintiff for a writ of habeas corpus. The background facts are set out below.

Seibold, the plaintiff herein, and another boy named Desmarais, both 18-year-old delinquents from another state, committed a robbery and then in the presence of witnesses on the sidewalk attempted to kill a Highway Patrol trooper. Seibold was wounded in the affray and was taken to the hospital for treatment.

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