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GARDNER v. STATE

No. 9842.

435 P.2d 249 (1967)

Leonard Dean GARDNER and Wayne Carter Peterson, Plaintiffs-Appellants, v. The STATE of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

December 19, 1967.

Attorney(s) appearing for the Case

Jesse R. Walters, Jr., Boise, for appellants.

Allan G. Shepard, Atty. Gen., and David A. Frazier, Asst. Atty. Gen., Boise, for appellee.

McFADDEN, Justice.

In August, 1964, appellants, who are half-brothers, were convicted of robbery in the Bonneville County District Court and sentenced to a term of fifteen years in the state penitentiary. In December 1965, while inmates of the prison, they filed a petition for habeas corpus in the Ada County District Court, following which the writ issued. A stipulation was executed by their counsel and the attorney general, representing the warden of the penitentiary...

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