STATE EX REL. STARNES v. ERICKSON

Nos. 10832, 10833.

186 N.W.2d 502 (1971)

STATE of South Dakota ex rel. Donald Harrison STARNES, and State of South Dakota ex rel. Richard Doyle Walton, Petitioners and Appellants, v. Don R. ERICKSON, Warden of the South Dakota State Penitentiary, Respondent.

Supreme Court of South Dakota.

April 26, 1971.


Attorney(s) appearing for the Case

Boyce, Murphy, McDowell & Greenfield, Gary J. Pashby, Sioux Falls, for petitioners and appellants.

Gordon Mydland, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, for respondent.


WOLLMAN, Judge.

These are consolidated appeals from judgments quashing writs of habeas corpus.

Petitioners Starnes and Walton were charged with first degree robbery and grand larceny following an armed robbery of a grocery store in Beresford, Union County, South Dakota, on September 27, 1968. Attorney John Murphy of Elk Point was appointed to represent petitioners in response to their request for a court-appointed attorney.

On October 4, 1968, the...

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