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BROWNING v. HAND

No. 6464.

284 F.2d 346 (1960)

Arley C. BROWNING, Appellant, v. Tracy A. HAND, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 29, 1960.

Attorney(s) appearing for the Case

Philip H. Lewis, Topeka, Kan., for appellant.

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

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

PICKETT, Circuit Judge.

The petitioner is confined in the Kansas State Penitentiary where he is serving a life sentence as an habitual criminal. This is an appeal from an order discharging a writ of habeas corpus and remanding the petitioner to the custody of the warden. The only contention which merits discussion is that the petitioner was denied due process of law because he was not given adequate notice that the provisions of the Kansas habitual criminal statute...

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