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KEMP v. SNOW

No. 72-1049.

464 F.2d 579 (1972)

John Francis KEMP, Jr., Petitioner-Appellee, v. Honorable Judge Marcellus K. SNOW and State of Utah, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

August 1, 1972.

Attorney(s) appearing for the Case

Henry D. Stagg, Salt Lake City, Utah (Vernon R. Romney, Atty. Gen., Larry V. Lunt, Asst. Atty. Gen., on the brief), for respondents-appellants.

Earl Jay Peck, Salt Lake City, Utah (Arthur H. Nielsen, Salt Lake City, Utah, on the brief), for petitioner-appellee.

Before BREITENSTEIN, HILL and DOYLE, Circuit Judges.

HILL, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Utah granting John Francis Kemp's petition for a writ of habeas corpus.

Kemp was originally arrested in the State of Utah and charged with the crime of burglary in Utah state court. Prior to entering his plea, Kemp had been offered a reduced charge of third degree burglary if he would plead guilty. Under the Utah law, third degree burglary carried...

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