GALLEGOS v. TURNER

No. 13389.

526 P.2d 1128 (1974)

Benny J. GALLEGOS, Plaintiff and Appellant, v. John W. TURNER, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

September 24, 1974.


Attorney(s) appearing for the Case

Phil L. Hansen of Phil L. Hansen & Associates, Salt Lake City, for plaintiff and appellant.

Vernon B. Romney, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for defendant and respondent.


CROCKETT, Justice:

Benny J. Gallegos, who is serving a term in the Utah State Prison pursuant to a conviction of rape, appeals from a judgment of the district court denying his release in habeas corpus proceedings. His petition was based upon an allegation that the victim had falsified at his original trial. After two separate hearings before the district court, findings were made against him and his petition was denied.

The principal error claimed is that...

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