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McCLELLAN v. STATE

No. 12724.

603 P.2d 1016 (1979)

100 Idaho 682

Harold D. McCLELLAN, Petitioner-Appellant, v. The STATE of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

December 7, 1979.

Attorney(s) appearing for the Case

Klaus Wiebe, Public Defender, Boise, for petitioner-appellant.

Hon. David H. Leroy, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for defendant-respondent.

Before DONALDSON, C.J., BAKES, McFADDEN and BISTLINE, JJ., and DUNLAP, J. Pro Tem.

PER CURIAM.

This is an appeal from an order dismissing plaintiff-appellant McClellan's petition for post-conviction relief filed pursuant to the Uniform Post-Conviction Procedure Act, I.C. §§ 19-4901 et seq.

This case first came before us on direct appeal from appellant's conviction of second degree murder, State v. McClellan, 96 Idaho 569, 532 P.2d 574 (1975), overruled...

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