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MALLOROY v. STATE

No. 9889.

435 P.2d 254 (1967)

R. D. MALLOROY, Plaintiff-Appellant, v. The STATE of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

December 18, 1967.

Attorney(s) appearing for the Case

Ambrose & Fitzgerald, Meridian, for appellant.

Allan G. Shepard, Atty. Gen., and Roger B. Wright, Deputy Atty. Gen., Boise, for respondent.

TAYLOR, Chief Justice.

Plaintiff (appellant) had been serving a term of not more than three years in the state penitentiary upon a judgment entered in the District Court in and for Benewah County, adjudging him guilty of a felony. August 30, 1965, plaintiff escaped. He was later apprehended, tried, and convicted of the crime of escape, and sentenced to an additional term of not less than two, nor more than three, years.

In May, 1966, plaintiff filed a petition...

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