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LINDSAY v. STATE

No. 10677.

483 P.2d 680 (1971)

94 Idaho 149

Newell LINDSAY, aka Newell Miles Lindsay, aka Newell M. Lindsay, aka Nowell Miles Lindsay, Applicant-Appellant, v. The STATE of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

April 6, 1971.

Attorney(s) appearing for the Case

Dean Kloepfer, Burley, for applicant-appellant.

W. Anthony Park, Atty. Gen., and Martin R. Ward, Chief Deputy Atty. Gen., Boise, Gordon S. Nielson, Pros. Atty. Burley, for defendant-respondent.

DONALDSON, Justice.

This is an appeal from a district court's order dismissing a prisoner's application for post conviction relief. Newell Lindsay (applicant-appellant), presently incarcerated at the Idaho State Penitentiary, was convicted, on a plea of guilty, of attempted burglary in the first degree and sentenced to not more than five years in prison. He filed an application for post conviction relief in district court claiming that he is being held in unlawful...

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