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SCHERER v. STATE OF WYOMING

No. 6269.

278 F.2d 469 (1960)

Charles Ray SCHERER, Appellant, v. STATE OF WYOMING, Appellee.

United States Court of Appeals Tenth Circuit.

April 14, 1960.

Attorney(s) appearing for the Case

William P. Johnson, Denver, Colo., for appellant.

W. M. Haight, Deputy Atty. Gen. of Wyoming (Norman B. Gray, Atty. Gen. of Wyoming, was with him on the brief), for appellee.

Before PICKETT and BREITENSTEIN, Circuit Judges, and SAVAGE, District Judge.

PER CURIAM.

Charles Ray Scherer is confined in the Wyoming State Penitentiary under a life sentence as an habitual criminal. After exhausting available state remedies, he sought relief by habeas corpus in the United States District Court for the District of Wyoming, alleging the sentence to be invalid because, upon arraignment, he entered a plea of guilty to the crime of burglary, but not to the charge of being an habitual criminal. The District Court ordered an authenticated...

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