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PIERCE v. TURNER

No. 9865.

402 F.2d 109 (1968)

Ray Wayne PIERCE, Appellant, v. John W. TURNER, Warden, Utah State Prison, Appellee.

United States Court of Appeals Tenth Circuit.

October 30, 1968.

Attorney(s) appearing for the Case

Delbert M. Draper, Jr., of Draper, Sandack & Saperstein, Salt Lake City, Utah, for appellant.

LeRoy S. Axland, Asst. Atty. Gen., (Phil L. Hansen, Atty. Gen., was with him on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.

LEWIS, Circuit Judge.

Petitioner is a state prisoner presently incarcerated in the Utah State Prison after conviction for the crime of murder. The judgment of conviction was affirmed by the Utah Supreme Court, State v. Pierce, 17 Utah.2d 394, 412 P.2d 923, a subsequent petition for a writ of habeas corpus, treated as a petition for rehearing by the Utah court,

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