SPAIN v. STEWART

No. 17545.

639 P.2d 166 (1981)

Randy SPAIN, Plaintiff and Appellant, v. Arden W. STEWART, Defendant and Respondent.

Supreme Court of Utah.

December 11, 1981.


Attorney(s) appearing for the Case

Alvin G. Nash, Vernal, for plaintiff and appellant.

Clark B. Allred, Vernal, for defendant and respondent.


OAKS, Justice:

In this appeal from the dismissal of a petition for habeas corpus, we affirm the district court in its conclusion that the case had become moot.

Petitioner was arrested at 9:00 p.m. on November 10, 1980, for possession of a controlled substance. He was not brought promptly before a magistrate because of a mix-up about which magistrate should conduct his preliminary examination and because of the delaying effect of a probation officer's telephone...

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