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  5. 171 N.W.2d 119 (1969)
 

APPLICATION OF STONE

Cr. 382.

171 N.W.2d 119 (1969)

Application of Ernest Edwin STONE for a Writ of Habeas Corpus. Ernest Edwin STONE, Petitioner, v. STATE of North Dakota, and J. D. Woodley, Warden of the State Penitentiary, Bismarck, North Dakota, Respondents.

Supreme Court of North Dakota.

September 25, 1969.

Attorney(s) appearing for the Case

Huseby & Backes, Fargo, and Dosland, Dosland & Nordhougen, Moorhead, Minn., for petitioner.

Helgi Johanneson, Atty. Gen., and John E. Adams, Asst. Atty. Gen., Bismarck, for respondents.

PAULSON, Judge.

Ernest Edwin Stone, on September 8, 1964, pleaded guilty to the charges of the crimes of rape in the first degree and of assault with deadly weapon with intent to kill. Thereafter he was sentenced to the State Penitentiary by the Honorable Eugene A. Burdick, Judge of the District Court of McKenzie County, North Dakota. Stone has been incarcerated since that time.

On February 18, 1969, Stone secured a writ of habeas corpus from the District...

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