BALES v. LAINSON

No. 15711.

244 F.2d 495 (1957)

Charles Harlan BALES, Appellant, v. P. A. LAINSON, Warden, Iowa State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

May 7, 1957.


Attorney(s) appearing for the Case

Charles Harlan Bales, pro se.

Norman Erbe, Atty. Gen., of Iowa, and Ralph R. R. Dvorak, Asst. Atty. Gen., filed brief for appellee.

Before JOHNSEN, VOGEL and VAN OOSTERHOUT, Circuit Judges.


JOHNSEN, Circuit Judge.

The District Court denied, without a hearing, a petition by an inmate of the Iowa State Penitentiary for a writ of habeas corpus, and the prisoner has appealed.1

The only basis for a federal writ which the petition contained was a charge, made by appellant in paragraph 4, that his conviction and sentence rested upon perjured testimony, which the prosecuting attorney had knowingly used.

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