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GALLEGOS v. TURNER

No. 9137.

386 F.2d 440 (1967)

Anastacio GALLEGOS and Rellis Gallegos, Appellants, v. John W. TURNER, Warden, Utah State Prison, Appellee.

United States Court of Appeals Tenth Circuit.

December 1, 1967.

Attorney(s) appearing for the Case

James J. Morrato, Denver, Colo., for appellants.

Phil L. Hansen, Atty. Gen. of State of Utah, Gary A. Frank, Asst. Atty. Gen. (LeRoy S. Axland, Asst. Atty. Gen., Salt Lake City, Utah, with them on the brief), for appellee.

Before MURRAH, Chief Judge, and LEWIS, BREITENSTEIN, HILL, SETH and HICKEY, Circuit Judges.

PER CURIAM.

After petitioners' conviction for voluntary manslaughter had been affirmed in the Supreme Court of Utah, i. e., see State v. Gallegos, 16 Utah.2d 102, 396 P.2d 414, they sought relief in habeas corpus in the State District Court on the grounds that false testimony was knowingly used to secure the conviction. Relief was denied, and assigned trial counsel perfected an appeal but declined...

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