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MAGUIRE v. SMITH

No. 14145.

547 P.2d 697 (1976)

Brian MAGUIRE, Plaintiff and Appellant, v. Sam W. SMITH, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

March 16, 1976.

Attorney(s) appearing for the Case

Brian Maguire, pro se.

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

CROCKETT, Justice:

Brian Edward Maguire appeals from the refusal of the district court to grant his petition in habeas corpus in which he seeks to have declared void his conviction of second-degree murder.

Defendant was charged with first-degree murder. He waived trial by jury and chose to be tried by the court. The court dismissed the first-degree murder charge and found the defendant guilty of murder in the second degree. Petitioner appealed that conviction...

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