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JOHN v. STATE

Cr. No. 363.

160 N.W.2d 37 (1968)

Neil JOHN, Petitioner, v. STATE of North Dakota and J. Dwight Woodley, Warden of the State Penitentiary, Respondents.

Supreme Court of North Dakota.

Opinion on Amended Motion July 22, 1968.

Attorney(s) appearing for the Case

Thompson, Lundberg & Nodland, Bismarck, for petitioner.

Helgi Johanneson, Atty. Gen., and John E. Adams, Asst. Atty. Gen., Bismarck, for respondents.

PAULSON, Judge.

Neil David John has petitioned this court for a writ of habeas corpus. His prior petition in the Burleigh County District Court, Honorable M. C. Fredricks, Judge, was quashed on December 20, 1967.

On September 23, 1965, John pleaded guilty to the crime of burglary in Grand Forks County District Court and was given an indeterminate sentence of from one to three years by Judge Harold Hager. He commenced serving this sentence in the North Dakota...

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