GEE v. SMITH

No. 14012.

541 P.2d 6 (1975)

Devon GEE, Plaintiff and Appellant, v. Samuel SMITH, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

October 1, 1975.


Attorney(s) appearing for the Case

Lynn R. Brown of Salt Lake Legal Defender Assn., 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.


MAUGHAN, Justice:

Plaintiff petitioned for a writ of habeas corpus on the ground that he was denied a fair and impartial trial by jury, as guaranteed by Art. I, Section 12, Constitution of Utah, and Sec. 77-1-8, Utah Code Annotated 1953. The petition was denied on the ground that no evidence was adduced that would indicate that the jury would have reached any other verdict. Plaintiff appeals therefrom.1

The evidence adduced at...

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