POPE v. TURNER

No. 13390.

517 P.2d 536 (1973)

30 Utah 2d 286

William POPE, Plaintiff and Respondent, v. John W. TURNER, Warden, Utah State Prison, Defendant and Appellant.

Supreme Court of Utah.

December 18, 1973.


Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., William T. Evans, David L. Wilkinson, Asst. Attys. Gen., Salt Lake City, for defendant and appellant.

Lynn R. Brown, Salt Lake Legal Defenders, Salt Lake City, for plaintiff and respondent.


ELLETT, Justice:

The defendant appeals from the granting of petitioner's writ of habeas corpus by the trial judge.

In 1964 Mr. Pope and a woman companion were jointly charged with the crime of murder in the first degree. At the preliminary hearing Mr. Pope, through his attorney, and the county attorney entered into some sort of projected plea bargaining whereby the complaint was to be dismissed as to the lady defendant and Mr. Pope was to waive the preliminary...

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