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HARLESS v. TURNER

No. 515-70.

456 F.2d 1337 (1972)

George Franklin HARLESS, Appellee, v. John W. TURNER, Warden, Utah State Prison, Appellant.

United States Court of Appeals, Tenth Circuit.

April 5, 1972.

Attorney(s) appearing for the Case

Lauren N. Beasley, Chief Asst. Atty. Gen. (Vernon B. Romney, Atty. Gen., with him on the brief), for appellant.

William F. Reynard, Denver, Colo. (Lon Rodney Kump, of Richards & Watkins, Salt Lake City, Utah, on the brief), for appellee.

Before SETH, McWILLIAMS and DOYLE, Circuit Judges.

PER CURIAM.

The above case was remanded to this Court for reconsideration of its decision which had reversed the judgment of the United States District Court for the District of Utah.

The action in the trial court was pursuant to 28 U.S.C. § 2254. Petitioner, who had been convicted of forcible rape in state court, had collaterally attacked his conviction on the ground that there had been an unreasonable search of his

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