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MARTINEZ v. TINSLEY

No. 20816.

388 P.2d 248 (1964)

Harold MARTINEZ, Plaintiff in Error, v. Harry C. TINSLEY, Warden of the Colorado State Penitentiary, Defendant in Error.

Supreme Court of Colorado, En Banc.

January 13, 1964.

Attorney(s) appearing for the Case

Harold Martinez, pro se. Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John E. Bush, Asst. Atty. Gen., Denver, for defendant in error.

MOORE, Justice.

A petition for writ of habeas corpus was filed in the district court of El Paso county by plaintiff in error, to whom we will refer as petitioner. He appeared pro se. Notwithstanding the fact that the allegations contained in said petition fell far short of the legal requirement for issuance of such a writ, and no doubt out of an abundance of caution, the district court directed the respondent Harry C. Tinsley to produce the petitioner before the court...

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