John Turner, Warden, Utah State Prison v. Fay Ward, Jr.

HILL, Circuit Judge.

Appellant, Turner, as Warden of the-Utah State Prison, has appealed from an order of the court below granting ap-pellee, Ward, a writ of habeas corpus, ordering his release from custody.

Ward was tried and convicted in the-District Court of Weber County, Utah, for the crime of rape. Upon appeal to-the Utah Supreme Court, the conviction. was affirmed. 1 Thereafter, Ward filed a petition for a writ of habeas corpus or, in the alternative, for a writ of error coram nobis in the District Court of Salt Lake County, Utah. The writ of habeas corpus was granted but upon appeal the…