WISE v. TURNER

No. 11051.

440 P.2d 971 (1968)

21 Utah 2d 101

James E. WISE, Plaintiff and Appellant, v. John W. TURNER, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

May 16, 1968.


Attorney(s) appearing for the Case

Carl J. Nemelka, Salt Lake City, for appellant.

Phil L. Hansen, Atty. Gen., Gerald G. Gundry, Asst. Atty. Gen., Salt Lake City, for respondent.


PER CURIAM.

James E. Wise appeals from a judgment of the district court rejecting his petition in habeas corpus for release from the Utah State Prison. The rejection was based upon the ground that the procedural defect plaintiff alleges was reviewable on appeal, which was not done, and that it is not now reachable in habeas corpus proceedings.

In October 1963 the plaintiff was convicted by a jury of the crime of issuing a worthless check and was sentenced...

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