PEREA v. SMITH

No. 13667.

526 P.2d 916 (1974)

Cleo PEREA, Plaintiff and Appellant, v. Samuel SMITH, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

September 17, 1974.


Attorney(s) appearing for the Case

Larry R. Keller of Salt Lake Legal Defender Association, Salt Lake City, for plaintiff and appellant.

Vernon B. Romney, Atty. Gen., William W. Barrett, Asst. Atty. Gen., Salt Lake City, for defendant and respondent.


TUCKETT, Justice:

The plaintiff appeals from a judgment of the district court denying his petition for a writ of habeas corpus.

Plaintiff was paroled from the Utah State Prison on March 13, 1973. On or about October 1, 1973, complaint was made to the Board of Pardons by the Department of Adult Probation and Parole and a warrant of arrest was issued by the Board for the arrest of the plaintiff. Plaintiff was incarcerated in the Salt Lake County Jail for a period...

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