Lundgren v. Turner

MEMORANDUM DECISION

CHRISTENSEN, District Judge.

Petitioner is confined in the Utah State Prison and seeks a writ of habeas corpus under 28 U.S.C.A. § 2254 (Supp. Pam.1967). He has exhausted his state remedies by petitioning the Utah Supreme Court for a writ which was denied him.

Petitioner’s only allegation is that his imprisonment is contrary to the constitution because the state penal statute under which he was convicted and sentenced is unconstitutional both on its face and in its application to him. At that time the state statute read :

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