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JOHNSON v. STATE OF KANSAS

No. 6463.

284 F.2d 344 (1960)

James H. JOHNSON, Appellant, v. STATE OF KANSAS and Tracy A. Hand, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 1, 1960.

Attorney(s) appearing for the Case

William E. Shade, Denver, Colo., for appellant.

Charles N. Henson, Jr., Asst. Atty. Gen. (John Anderson, Jr., Atty. Gen., on the brief), for appellees.

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

PICKETT, Circuit Judge.

This is a habeas corpus proceeding in which the petitioner seeks release from the Kansas State Penitentiary where he is serving a 30-year sentence as an habitual criminal. The petition alleged that the petitioner was denied due process of law when, after having been convicted of the crime of grand larceny, he was brought before the court and sentenced as an habitual criminal without pre-trial notice...

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