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Stilley v. Tinsley

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eBook details

  • Title: Stilley v. Tinsley
  • Author : Colorado Supreme Court
  • Release Date : January 26, 1963
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

On June 28, 1961, Stilley filed in the trial court his amended petition for writ of habeas corpus alleging: (1) that Tinsley, as Warden of the Colorado State Penitentiary, is unlawfully confining him in said penitentiary as an alleged parole violator; (2) that he was convicted of burglary in the Denver District Court and was, on November 24, 1954, sentenced to said penitentiary for a period of time not exceeding ten years and not less than one year, and that mittimus was issued in conformity with such sentence; (3) that at the time said sentence was imposed he was under twenty-one years of age and as provided by C.R.S. 53, 39-10-1, could not be sentenced other than to the state reformatory; (4) that his sentence to the penitentiary and the mittimus issued pursuant thereto were and are void; and because said sentence was and is void his present confinement, for alleged violation of parole, is equally void and without authority.


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