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MONTGOMERY v. EYMAN

No. 8060.

96 Ariz. 55 (1964)

391 P.2d 915

Willie MONTGOMERY, Appellant, v. Frank A. EYMAN, Warden, et al., Appellees.

Supreme Court of Arizona. In Division.

April 29, 1964.

Attorney(s) appearing for the Case

S. Leonard Scheff, Tucson, for appellant.

Robert W. Pickrell, Atty. Gen., E.D. "Bud" McBryde, County Atty., Pinal County, for appellees.

UDALL, Chief Justice.

Appellant sought habeas corpus in the Superior Court of Pinal County, alleging that his sentence to the state prison at Florence was in excess of that permitted by law and was therefore void. The lower court refused to issue the writ and this appeal was subsequently filed.

An earlier application, made originally to this court was denied, See Montgomery v. Eyman, No. 7907, April 16, 1963, but the...

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