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HURT v. McLEOD

No. 5952.

262 F.2d 109 (1958)

Robert O. (Bob) HURT, Petitioner, v. H. C. McLEOD, Warden of the State Penitentiary at McAlester, Oklahoma, Respondent.

United States Court of Appeals Tenth Circuit.

November 28, 1958.

Attorney(s) appearing for the Case

Sid White, Oklahoma City, Okl., for petitioner.

Mac Q. Williamson, Atty. Gen., State of Oklahoma, and Sam H. Lattimore, Asst. Atty. Gen., State of Oklahoma, filed a brief for respondent.

Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an appeal by Hurt from an order of the United States District Court for the Eastern District of Oklahoma discharging a writ of habeas corpus.

Charles Edwin York and Adrian Wayne Burns were charged jointly by an indictment returned in the District Court of Oklahoma County, Oklahoma on December 7, 1953, with the offense of robbery with firearms. A severance was granted. York was tried before a jury which, on March 20, 1954, returned...

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