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HAWKINS v. BENNETT

No. 19719.

423 F.2d 948 (1970)

Robert HAWKINS, Appellant, v. John E. BENNETT, Warden, Iowa State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

March 19, 1970.

Attorney(s) appearing for the Case

Edgar H. Bittle, of Herrick, Langdon, Belin & Harris, Des Moines, Iowa, for appellant.

Michael J. Laughlin, Asst. Atty. Gen. of Iowa, Des Moines, Iowa, for appellee; Richard C. Turner, Atty. Gen. of Iowa, Richard C. Turner, Atty. Gen., and William A. Claerhout, Asst. Atty. Gen., on the other brief.

Before MATTHES, GIBSON and LAY, Circuit Judges.

MATTHES, Circuit Judge.

This is an appeal from an order of the United States District Court for the Southern District of Iowa denying, without an evidentiary hearing, appellant's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

Appellant pled guilty to a charge of first degree murder in the District Court for Johnson County, Iowa, on May 17, 1926, and was sentenced to life imprisonment in the Iowa State Penitentiary. No appeal was taken...

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