Gallegos v. Turner

CROCKETT, Justice.

The appellants, in the Utah State Prison serving a sentence for second degree murder after conviction upon a trial by jury and affirmance by this court, 1 petitioned the District Court for their release under habeas corpus.

- The petition is founded upon the contention that a key witness for the prosecution, Mike Don Hoopiiana, gave false testimony at the trial; and that the district attorney knowingly employed this false testimony to obtain their conviction.

At the hearing the transcript of the original trial and of the preliminary hearing were introduced in evidence. The…