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HIGHEAGLE v. STATE

No. 9986.

435 P.2d 261 (1967)

James V. HIGHEAGLE, Plaintiff-Appellant, v. The STATE of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

December 15, 1967.

Attorney(s) appearing for the Case

Hawley, Troxell, Ennis & Hawley, Boise, for plaintiff-appellant.

Allan G. Shepard, Atty. Gen., and William D. Collins, Asst. Atty. Gen., Boise, for defendant-appellee.

McFADDEN, Justice.

James V. Higheagle, an inmate of the Idaho State Penitentiary filed a handwritten petition for writ of habeas corpus with the Ada County District Court. In his petition, appellant claims that his incarceration in the penitentiary is illegal because of, among other things, failure to afford him counsel during proceedings in which he pled guilty to a felony. He states:

"That commitment is illegal in that it has resulted from erroneous proceedings...

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