STUBBS v. CROUSE

No. 8836.

366 F.2d 753 (1966)

James Jacob STUBBS, Appellant, v. Sherman H. CROUSE, Warden, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 20, 1966.


Attorney(s) appearing for the Case

George D. Bell, Kansas City, Kan. (Anthony R. Russo, Kansas City, Kan., on the brief), for appellant.

Richard H. Seaton, Asst. Atty. Gen., of Kansas (Robert C. Londerholm, Atty. Gen., of Kansas, on the brief), for appellee.

Before PICKETT and HILL, Circuit Judges, and PAYNE, District Judge.


HILL, Circuit Judge.

The appeal, by a state prisoner, is from an order, entered without an evidentiary hearing, dismissing a petition for a writ of habeas corpus.

Appellant, represented by court appointed counsel, was tried before a state court jury in Barton County, Kansas, in 1958, and convicted of the crime of murder in the second degree. During this trial, Stubbs testified in his own defense and during the course of his testimony admitted that he had been...

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