Opinion
No. 12583.
May 17, 1972.
Appeal from the Third District Court, Salt Lake County, Marcellus K. Snow, J.
D. Gilbert Athay and F. John Hill, of Salt Lake Legal Defender Assn., Salt Lake City, for appellant.
Vernon B. Romney, Atty. Gen., David S. Young, Larry V. Lunt, Asst. Attys. Gen., Salt Lake City, for respondent.
Plaintiff appeals from an order of the district court denying her petition for a writ of habeas corpus. Plaintiff was convicted of second-degree murder and appealed to this court, wherein she raised the identical issue that she currently asserts in her petition. She may not under the guise of this petition have a second opportunity to litigate the issue. The order of the trial court is affirmed.
State v. Leggroan, 25 Utah 2d 32, 34-35, 475 P.2d 57 (1970).
Scandrett v. Turner, 26 Utah 2d 371, 489 P.2d 1186 (1971).
TUCKETT, HENRIOD, ELLETT and CROCKETT, JJ., concur.