CUNHA v. BREWER

No. 74-1521.

511 F.2d 894 (1975)

Louis CUNHA, Appellant, v. Lou V. BREWER, Warden at the Iowa State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 7, 1975.

Rehearing and Rehearing Denied March 19, 1975.


Attorney(s) appearing for the Case

Robert N. Clinton, Iowa City, Iowa, for appellant.

Fred M. Haskins, Asst. Atty. Gen., Des Moines, Iowa, for appellee.

Before MATTHES, Senior Circuit Judge, and STEPHENSON and WEBSTER, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 19, 1975.

MATTHES, Senior Circuit Judge.

Petitioner Louis Cunha, an Iowa state prisoner, was found guilty on an information charging him with murder and robbery with aggravation. The robbery took place in a supermarket at Algona, Iowa, at approximately 9:00 p.m. on June 14, 1970. During the robbery, Melvin Bay, the manager of the market, was shot. He died about ten days later from the gunshot wound. The judgment...

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