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PRICE v. TURNER

No. 567-69.

421 F.2d 191 (1970)

Frank PRICE, 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

Alexander H. Walker, Jr., Salt Lake City, Utah, for appellee.

R. Bruce Bybee, Asst. Atty. Gen., State of Utah, Salt Lake City, Utah (Vernon B. Romney, Atty. Gen., and Lauren N. Beasley, Asst. Atty. Gen., on the brief), for appellant.

Before PICKETT, LEWIS and HICKEY, Circuit Judges.

PER CURIAM.

This is an appeal by the Warden of the Utah State Penitentiary from an order granting a writ of habeas corpus and releasing Frank Price, a prisoner in the Penitentiary. From the brief record and a colloquy between the trial court and counsel it appears that in May, 1964 the appellee, Price, then fifteen years of age, was taken into custody by the Salt Lake City, Utah Police as a suspect for the crime of rape. Price was first taken before a juvenile judge...

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