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SIMS v. SMITH

No. 15253.

571 P.2d 586 (1977)

Loren Craig SIMS, Plaintiff and Appellant, v. Samuel W. SMITH, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

October 26, 1977.

Attorney(s) appearing for the Case

Bruce C. Lubeck, of Salt Lake Legal Defender Assn., Salt Lake City, for plaintiff and appellant.

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

ELLETT, Chief Justice:

Mr. Sims appeals from a denial of his petition for a writ of habeas corpus. He was convicted in 1971 of the crime of murder in the first degree with a recommendation of leniency and was sentenced pursuant to statute to life imprisonment.1

The basis for this appeal is the claim that the case of Furman v. Georgia2 invalidated the penalty set forth by our statute (Note 1 ...

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