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GREEN v. TURNER

No. 9918.

409 F.2d 215 (1969)

Forrest Cummings GREEN, Appellant, v. John W. TURNER, Warden, Utah State Prison, Appellee.

United States Court of Appeals Tenth Circuit.

April 23, 1969.

PER CURIAM.

This is an appeal from the denial of a petition for a writ of habeas corpus by the Federal District Court. In 1967, Green pleaded guilty to violation of 76-7-6, Utah Code Annotated (1953), assault with a deadly weapon, a felony. He now contends that he should have been charged with the misdemeanor of exhibiting a deadly weapon in an angry and threatening manner in violation of 76-23-3, Utah Code Annotated (1953) since both statutes charge the same offense...

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