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WILLIAMS v. TURNER

No. 570-69.

421 F.2d 168 (1970)

Eltesa WILLIAMS, Petitioner-Appellee, v. John W. TURNER, Warden, Utah State Prison, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

February 6, 1970.

Attorney(s) appearing for the Case

Don B. Allen, Salt Lake City, Utah, for petitioner-appellee.

David S. Young, Asst. Atty. Gen., State of Utah, Salt Lake City, Utah (Vernon B. Romney, Atty. Gen., and Lauren N. Beasley, Chief Asst. Atty. Gen., on the brief), for respondent-appellant.

Before PICKETT, LEWIS and HICKEY, Circuit Judges.

PICKETT, Circuit Judge.

The appellee, Eltesa Williams, while a prisoner in the Utah State Penitentiary, brought this habeas corpus proceeding seeking his release on the ground that he pleaded guilty to a crime not charged in the information and to an offense which did not exist at the time of the pleading. It is alleged that during the course of a trial on an information charging only a violation of the Utah forgery statute, § 76-26-1, Utah Code Ann.1953, the...

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