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HAYES v. GARDNER

No. 11169.

504 P.2d 810 (1972)

95 Idaho 137

Michael T. HAYES, Plaintiff, v. Lewis GARDNER, Defendant.

Supreme Court of Idaho.

December 29, 1972.

Attorney(s) appearing for the Case

Wm. F. Boyd, of Brown, Peacock, Keane & Boyd, Kellogg, for plaintiff.

W. Anthony Park, Atty. Gen., J. Dennis (J. D.) Williams, Deputy Atty. Gen., James G. Reid, Asst. Atty. Gen., Boise, for defendant.

DONALDSON, Justice.

This habeas corpus proceeding was initiated in this Court by the petitioner, Michael T. Hayes, against the defendant, Lewis Gardner, Sheriff of Shoshone County, to challenge an order of the District Court of the First Judicial District, denying his request for a hearing before a magistrate on the question of whether he should be treated as a juvenile rather than as an adult. A writ of habeas corpus was issued by this Court, and a return to the...

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