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LOCKE v. ERICKSON

No. 10796.

181 N.W.2d 100 (1970)

Billy LOCKE, alias Bill Johnson, Petitioner and Appellant, v. Donald R. ERICKSON, as the duly appointed, qualified and acting Warden of the South Dakota State Penitentiary, Respondent.

Supreme Court of South Dakota.

November 10, 1970.

Attorney(s) appearing for the Case

David V. Vrooman, Sioux Falls, for appellant.

Gordon Mydland, Atty. Gen., John S. DeVany, Asst. Atty. Gen., Pierre, for respondent.

HANSON, Judge.

On January 21, 1969 Billy Locke, alias Bill Johnson, entered a plea of guilty to the crime of third degree forgery in the Circuit Court, Roberts County, and was sentenced to serve five years in the State Penitentiary. In this habeas corpus proceeding he contends to be unlawfully restrained of his liberty by the Warden of the Penitentiary because of the following alleged violations of constitutional rights:

1. The justice of the peace denied...

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