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STAMPHILL v. UNITED STATES

No. 2666.

135 F.2d 177 (1943)

STAMPHILL v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

April 19, 1943.

Attorney(s) appearing for the Case

Duke Duvall, of Oklahoma City, Okl., for appellant.

John Brett, Asst. U. S. Atty., of Oklahoma City, Okl. (Charles E. Dierker, U. S. Atty., of Oklahoma City, Okl., on the brief), for appellee.

Mac Q. Williamson, Atty. Gen., of Oklahoma, and Sam H. Lattimore, Asst. Atty. Gen., of Oklahoma, amicus curiae.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

Appellant was convicted in the district court of Custer County, Oklahoma, of the offense of robbery with firearms and sentenced to a term of twenty years in the state penitentiary at Granite; about two months later, he and other prisoners escaped; in connection therewith, a guard was shot and killed; and appellant subsequently pleaded guilty in the district court of Greer County to the charge of murder and was sentenced to the state penitentiary...

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