PATTERSON v. MEDBERRY

No. 6594.

290 F.2d 275 (1961)

Wayne K. PATTERSON, Warden of the Colorado State Reformatory, and Harry C. Tinsley, Warden of the Colorado State Penitentiary, Appellants, v. Ellsworth MEDBERRY, Appellee.

United States Court of Appeals Tenth Circuit.

May 4, 1961.


Attorney(s) appearing for the Case

Robert G. Pierce and J. F. Brauer, Asst. Atty. Gen. (Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., on the brief), for appellants.

Samuel D. Menin, Denver, Colo., for appellee.

Before MURRAH, Chief Judge, PICKETT, Circuit Judge, and SAVAGE, District Judge.


PICKETT, Circuit Judge.

The issue presented in this habeas corpus proceeding concerns the effect of the due process and equal protection clauses of the 14th Amendment to the United States Constitution when a state refuses to supply an indigent defendant a free transcript of the trial proceedings necessary for an adequate review of a conviction in a murder case.

Medberry was convicted of murder in the first degree in June, 1939. He filed a motion for a new...

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