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COMBS v. TURNER

No. 12024.

483 P.2d 437 (1971)

25 Utah 2d 397

Donald COMBS, Plaintiff and Respondent, v. John W. TURNER, Warden, Utah State Prison, Defendant and Appellant.

Supreme Court of Utah.

March 30, 1971.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty.Gen., Lauren N. Beasley, Robert B. Hansen, Asst.Attys. Gen., Salt Lake City, for defendant-appellant.

Ronald N. Boyce, Salt Lake City, for plaintiff-respondent.

ELLETT, Justice:

The defendant appeals from an order releasing the plaintiff from the Utah State Prison on a writ of habeas corpus. The plaintiff herein was defendant in a criminal case wherein he entered a plea of guilty and was sentenced and committed to the prison.

Section 76-20-8.1, U.C.A. 1953 (1969 Pocket Supplement), under which plaintiff was charged, reads:

When any person shall have requested credit as evidenced by a credit device it shall...

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