Bailey v. Gallagher

This case was consolidated for argument before this court with In re Riggins v. Rhay, ante p. 271, 450 P.2d 806 (1969), because it appeared that the dispositive issues were common to both causes. We have, however, concluded otherwise and, therefore, dispose of each matter by separate opinion.

Respondent, Curtis Adrian Bailey, was sentenced to imprisonment in the state penitentiary on three separate convictions of robbery, grand larceny, and taking an automobile without the owner’s permission. During the course of his confinement, and on September 27, 1966, he was permitted to leave the…