Heinlin v. Smith

HENRIOD, Chief Justice:

Appeal from a habeas corpus proceeding where defendant’s petition was denied. Affirmed.

The trial court denied the petition based on stipulation and the record in a jury trial, where defendant was convicted of an automobile felony theft. He testified he had gone to the home of the driver-lessee, in Springville, Utah, where, having been told the latter was away, said he would wait. A few minutes later he admittedly stole the car and was apprehended on his way to California, which he admitted was his destination.

Immediately after being charged under Title 76-6-404 and 12,…