ROSS, Circuit Judge.
This is an appeal from the denial of habeas corpus relief in an action brought under 28 U.S.C. § 2254 by Tilden Louis Condon against Don R. Erickson, Warden of the South Dakota State Penitentiary. We reverse and remand with directions to hold an evidentiary hearing.
On November 2, 1964, Condon was serving a tribal sentence for public intoxication in Eagle Butte, South Dakota. He was allowed to leave jail that afternoon to keep an...
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