SUMMERS v. WARDEN OF NEVADA STATE PRISON

No. 5447.

440 P.2d 388 (1968)

Jack Elmer SUMMERS, Appellant, v. WARDEN OF NEVADA STATE PRISON, Respondent.

Supreme Court of Nevada.

May 6, 1968.


Attorney(s) appearing for the Case

Manoukian & Manoukian, Zephyr Cove, for appellant.

Harvey Dickerson, Atty. Gen., Carson City, William J. Raggio, Dist. Atty., Virgil D. Dutt, Deputy Dist. Atty., Reno, for respondent.


OPINION

THOMPSON, Chief Justice.

The issue presented by this appeal from a denial of the post-conviction application of Jack Elmer Summers for a writ of habeas corpus is whether the sense of justice implicit in the constitutional demands of equal protection and due process requires that there be credited against his present sentence for rape the time which he had served under a prior void conviction based upon the same acts. For reasons hereafter expressed...

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