KURTH v. BENNETT

No. 16421.

274 F.2d 409 (1960)

Jay R. KURTH, Petitioner, v. John E. BENNETT, Warden, Iowa State Penitentiary.

United States Court of Appeals Eighth Circuit.

February 5, 1960.


Attorney(s) appearing for the Case

Jay R. Kurth, pro se.

Marion R. Neely, Asst. Atty. Gen., for John E. Bennett.

Before JOHNSEN, Chief Judge, and MATTHES, Circuit Judge.


PER CURIAM.

Petitioner is under conviction and sentence by the Iowa state courts for having knowingly and fraudulently drawn and uttered a check, when he had neither arrangement, understanding nor funds with the bank for its payment, thereby violating 1954 Code of Iowa § 713.2, I.C.A.

He sought a writ of habeas corpus in the federal district court, on allegations that his conviction was based on perjured testimony knowingly used by the prosecuting attorney...

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