TEMPLE v. SMITH

No. 14232.

548 P.2d 1274 (1976)

Daniel Allen TEMPLE, Plaintiff and Appellant, v. Samuel W. SMITH, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

April 20, 1976.


Attorney(s) appearing for the Case

James T. Massey, Salt Lake County Bar Legal Services, 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.


HENRIOD, Chief Justice:

Appeal from the dismissal of a habeas corpus petition. Affirmed.

Petitioner was committed to State Prison in December 1969 after conviction on two grand larceny counts. Nearly three years later, on September 27, 1972, he was given by the Board of Pardons a prospective parole effective March, 1974, — a year and a half later, — conditioned on good behavior at a so-called Odyssey House, a rehabilitation...

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