METROPOLIS v. TURNER

No. 628-70.

437 F.2d 207 (1971)

George Harry METROPOLIS and Dale Allen Johnson, Appellees, v. John W. TURNER, Warden, Utah State Prison, Appellant.

United States Court of Appeals, Tenth Circuit.

January 27, 1971.


Attorney(s) appearing for the Case

Sheldon E. Friedman, Denver, Colo., for appellees.

Harry E. McCoy, II, Asst. Atty. Gen. (Vernon B. Romney, Atty. Gen., and Lauren N. Beasley, Chief Asst. Atty. Gen., on the brief), for appellant.

Before LEWIS, Chief Judge, McWILLIAMS, Circuit Judge, and DOYLE, District Judge.


McWILLIAMS, Circuit Judge.

In 1960 George Harry Metropolis and Dale Allen Johnson were jointly tried and convicted of murder in a state court of Utah and each was thereafter sentenced to the Utah State Prison. At the date of trial each of the defendants was fifteen years of age. No direct appeal from these convictions was ever taken, though some years later the defendants did file with the Utah Supreme Court a petition for a writ of habeas corpus, which petition was...

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