HARRIS v. SMITH

No. 13859.

541 P.2d 343 (1975)

Ersell HARRIS, Jr., Plaintiff and Appellant, v. Samuel W. SMITH, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

October 2, 1975.


Attorney(s) appearing for the Case

E. Barney Gesas, Salt Lake County Bar Legal Serv., Salt Lake City, for plaintiff and appellant.

Vernon B. Romney, Atty. Gen., William W. Barrett, M. Reid Russell, Asst. Attys. Gen., Salt Lake City, for defendant and respondent.


ELLETT, Justice:

The appellant appeals from a denial of his petition for a writ of habeas corpus. The facts of the case are as follows:

Mr. Harris was originally charged with the crime of uttering a fictitious check, but on motion of his counsel, that charge was dropped, and a substitute charge of forgery was made. He was tried and found guilty of the latter offense and was duly and properly sentenced to serve an indeterminate period in prison. He appealed...

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