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BAINE v. BECKSTEAD

No. 9049.

10 Utah 2d 4 (1959)

347 P.2d 554

FRANK BAINE, PLAINTIFF AND APPELLANT, v. GEORGE BECKSTEAD, SHERIFF OF SALT LAKE COUNTY, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

December 10, 1959.

Attorney(s) appearing for the Case

David H. Oliver, Salt Lake City, for appellant.

Grover A. Giles, County Atty., Richard C. Dibblee, Asst. County Atty., Salt Lake City, for respondent.

CROCKETT, Chief Justice.

The plaintiff contends that he is unlawfully restrained of his liberty because while he was on probation he was arbitrarily committed to the state prison without being afforded due process of law. He petitioned for and obtained from the district court a writ of habeas corpus. After a hearing the petition was dismissed and plaintiff remanded to custody. He appeals.

On March 4, 1958, the plaintiff having been convicted of the crime of...

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