LUNA v. KRUTKA

No. 19122.

349 P.2d 565 (1960)

Simon LUNA, Jr., Plaintiff in Error, v. John KRUTKA, Sheriff of the County of Pueblo, Defendant in Error.

Supreme Court of Colorado. In Department.

February 23, 1960.


Attorney(s) appearing for the Case

Levi Martinez, Pueblo, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Gerald Harrison, Asst. Atty. Gen., for defendant in error.


MOORE, Justice.

Plaintiff in error, hereinafter referred to as Luna, was convicted, March 5, 1959, of the offense commonly described as "joyriding" as that offense is defined by C.R.S. '53, 13-13-2. The case against him was filed in the justice court of Walter J. Christman, a Justice of the Peace in Pueblo County. Luna was sentenced to a term of nine months imprisonment in county jail.

On March 24, 1959, Luna instituted habeas corpus proceedings against the...

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