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STATE v. STARRATT

Cr. 356.

153 N.W.2d 311 (1967)

STATE of North Dakota, Plaintiff and Respondent, v. Henry STARRATT, Defendant and Appellant.

Supreme Court of North Dakota.

October 9, 1967.

Attorney(s) appearing for the Case

James D. Schlosser, Bismarck, for appellant.

Helgi Johanneson, Atty. Gen., Bismarck, and Clinton R. Ottmar, State's Atty., and David Nething, Asst. State's Atty., Jamestown, for respondent.

ERICKSTAD, Judge.

The defendant, Henry Starratt, was sentenced to not less than five years nor more than ten years in the state penitentiary by the District Court of Stutsman County on December 14, 1964. While serving his sentence, Mr. Starratt, through counsel appointed for him, petitioned the said district court to set aside that judgment and to permit him to withdraw his plea of guilty of the crime of burglary, upon which plea he had previously been sentenced by...

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