PER CURIAM.
Defendant, warden of the Utah State Prison, appeals from the United States District Court's order discharging appellee from custody pursuant to a petition for a writ of habeas corpus.
In 1972 appellee was charged with sodomy under the then existing Utah statute which defined sodomy as a single crime with no requirement that force be shown as an element of the crime. Utah Code Ann. § 76-53-22 (1955) (repealed 1973). When appellee ultimately...
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