KUYKENDALL v. TAYLOR

No. 6561.

285 F.2d 480 (1960)

James V. KUYKENDALL, Appellant, v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

December 7, 1960.


Attorney(s) appearing for the Case

Roy Cook, Kansas City, Kan., for appellant.

Wilbur G. Leonard, U. S. Atty., Topeka, Kan., filed brief on behalf of appellee.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and RICE, District Judge.


LEWIS, Circuit Judge.

This appeal is taken from an order of the District Court for the District of Kansas denying appellant any relief by habeas corpus. Appellant sought discharge from the United States Penitentiary at Leavenworth, Kansas, where he is presently confined.

After conviction by a naval general court martial for several serious military offenses carrying the potential of a death sentence appellant received sentence in 1945 which included confinement...

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