Theodore C. Ruark and Charles W. Ferguson v. Harry C. Tinsley, Warden of the Colorado State Prison

This is an appeal from an order denying an application for a writ of habeas corpus. Both Ferguson and Ruark, hereinafter referred to collectively as petitioners, are confined in the Colorado State Penitentiary under sentences imposed by a Colorado state court. Ferguson was sentenced on a plea of guilty and Ruark on a verdict of guilty.

Prior to their conviction, the petitioners filed an application in the Colorado Supreme Court for a writ of prohibition to prevent the prosecution of the state criminal charges. It was denied and a petition for certiorari to review the decision was also denied…