Gardner v. State

McFADDEN, Justice.

In August, 1964, appellants, who are half-brothers, were convicted of robbery in the Bonneville County District Court and sentenced to a term of fifteen years in the state . penitentiary. In ' December 1965, while inmates of the prison, they filed a petition for habeas corpus in the Ada County District Court, following which the writ issued. A stipulation was executed by their counsel and the attorney general, representing the warden of -the penitentiary which set forth agreed facts which were to be considered as a return to the writ. Pursuant to the stipulation the cause…