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FARROW v. SMITH

No. 14011.

541 P.2d 1107 (1975)

Andrew FARROW, Plaintiff and Appellant, v. Samuel SMITH, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

October 22, 1975.

Attorney(s) appearing for the Case

Lynn R. Brown, of Salt Lake Legal Defender Assn., Salt Lake City, for plaintiff-appellant.

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

ELLETT, Justice:

Mr. Farrow was charged with second degree murder, and after plea bargaining he entered a plea of guilty to the included offense of manslaughter. After commitment he filed a petition for release on habeas corpus, claiming that manslaughter was not an included offense in a charge of murder in the second degree. He offered no evidence at the hearing on his petition but relied upon the argument of his counsel, who admitted that manslaughter could be an...

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