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SCHNEPP v. FOGLIANI

No. 5175

425 P.2d 141 (1967)

Donald James SCHNEPP, Petitioner, v. Jack FOGLIANI, Warden, Nevada State Prison, Respondent.

Supreme Court of Nevada

March 16, 1967

Attorney(s) appearing for the Case

Gary A. Sheerin, of Carson City, for Petitioner.

Harvey Dickerson, Attorney General, C.B. Tapscott, Chief Assistant Attorney General, for Respondent.

OPINION

ZENOFF, Justice.

Donald Schnepp and a codefendant were convicted of burglary. The conviction was affirmed on appeal. (Schnepp v. State, 82 Nev. 257, 415 P.2d 619 (1966).) He now seeks habeas corpus for post conviction relief on the ground that he was deprived of a fair trial before 12 impartial jurors because of an incident that occurred during the trial. The remedy is appropriate. Messmore v. Fogliani,

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