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MILLER v. HUDSPETH

No. 3859.

176 F.2d 111 (1949)

MILLER v. HUDSPETH et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 5, 1949.

Attorney(s) appearing for the Case

Edward Rooney, Topeka, Kan. (Jacob A. Dickinson and David Prager, Topeka, Kan., on the brief), for appellant.

Willis H. McQueary, Osawatomie, Kan., and Harold R. Fatzer, Topeka, Kan. (Robert H. Miller, Osawatomie, Kan., on the brief), for appellees.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This is an appeal by George Miller from a judgment of the District Court of the United States for the District of Kansas denying his petition for a writ of habeas corpus and remanding him to the custody of the respondent, R. H. Hudspeth, Warden of the Kansas Penitentiary. A brief statement of the essential facts is as follows:

Appellant was arrested, tried, convicted, and sentenced to death in the District Court of Miami County, Kansas...

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