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SMITH v. WATERS

No. 4565.

201 F.2d 666 (1953)

SMITH v. WATERS, Warden, Oklahoma State Penitentiary.

United States Court of Appeals Tenth Circuit.

January 23, 1953.

Attorney(s) appearing for the Case

Appellant filed a brief pro se.

Owen J. Watts, Asst. Atty. Gen. of Oklahoma (Mac Q. Williamson, Atty. Gen. of Oklahoma, on the brief), for appellee.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PER CURIAM.

Smith, hereinafter called petitioner, was charged by information filed in the District Court of Kay County, Oklahoma, with a violation of Title 21, § 652, O.S.1941. He entered a plea of guilty to the information. The state court, erroneously believing that Title 21, § 42, O.S.1941 was applicable with respect to the sentence to be imposed, sentenced the petitioner for a term of 50 years. Petitioner was received at the Oklahoma State Penitentiary...

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