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WINSTON v. WARDEN, NEVADA STATE PRISON

No. 6065.

464 P.2d 30 (1970)

Frank WINSTON, Petitioner, v. WARDEN, NEVADA STATE PRISON, Respondent.

Supreme Court of Nevada.

January 22, 1970.

Attorney(s) appearing for the Case

Johnson & Sloan, Reno, for petitioner.

Harvey Dickerson, Atty. Gen., Carson City, Robert F. List, Dist. Atty., Carson City, for respondent.

OPINION

THOMPSON, Justice.

This is an original proceeding for a writ of habeas corpus through which the petitioner seeks release from the Nevada State Prison where he is serving a six year sentence for forgery. He contends that his crime was not the felony of forgery, but instead the misdemeanor of drawing a check on a bank with which he had no account. For reasons hereafter expressed we have concluded that his contention is valid, and direct that he be...

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