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AINSLIE v. SMITH

No. 13790.

531 P.2d 864 (1975)

Richard AINSLIE, Plaintiff and Appellant, v. Samuel W. SMITH, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

February 11, 1975.

Attorney(s) appearing for the Case

Thomas A. Jones, 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.

ELLETT, Justice:

The plaintiff appeals from a judgment dismissing his petition for a writ of habeas corpus. He had been convicted of the crime of murder in the second degree but did not appeal therefrom. In his petition for habeas corpus, he attempted to raise the very issues which he could have brought up on appeal.

We have heretofore held that in a petition for habeas corpus one cannot raise issues which could have been determined on appeal.

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