LEGGROAN v. SMITH

No. 73-1854.

498 F.2d 168 (1974)

Judy LEGGROAN, Petitioner-Appellee, v. Samuel W. SMITH, Warden, Utah State Prison, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

June 11, 1974.


Attorney(s) appearing for the Case

M. Reid Russell, Asst. Atty. Gen. (Vernon B. Romney, Atty. Gen., on the brief), Salt Lake City, Utah, for respondent-appellant.

D. Jay Gamble, Salt Lake City, Utah, for petitioner-appellee.

Before PHILLIPS, HILL and SETH, Circuit Judges.


HILL, Circuit Judge.

The State of Utah appeals from an order of the United States District Court for the District of Utah granting Judy Leggroan's petition for a writ of habeas corpus.

Appellee was convicted in the District Court of Salt Lake County, Utah, in 1969, of second degree murder and was sentenced to a term of ten years to life imprisonment. Prior to selecting the jury she challenged the entire panel on the grounds it was selected from tax assessment...

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