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PULVER v. STATE

No. 10476.

471 P.2d 74 (1970)

93 Idaho 687

Harvey PULVER, Plaintiff-Appellant, v. STATE of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied July 9, 1970.

Attorney(s) appearing for the Case

William W. Becker, Pocatello, for appellant.

Robert M. Robson, Atty. Gen., and Martin R. Ward, Asst. Atty. Gen., Boise, for appellee.

DONALDSON, Justice.

Harvey Pulver (petitioner-appellant) pled guilty to the charge of Second Degree Murder on January 4, 1965, and received an indeterminate sentence, not to exceed 75 years. While serving his sentence in the Idaho State Penitentiary, Pulver filed a Motion for Post-Conviction Relief alleging that he was being held in unlawful custody since:

(1) His plea of guilty was entered under duress (threat of hanging, threat of being prosecuted as a recidivist...

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