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ELLIS v. RAINES

No. 6726.

294 F.2d 414 (1961)

Nathan Jerry ELLIS, Appellant, v. Robert R. RAINES, Warden, Oklahoma State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

August 25, 1961.

Attorney(s) appearing for the Case

David D. Mulligan, Denver, Colo., for appellant.

Fred Hansen, Asst. Atty. Gen., for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and HUXMAN, Circuit Judges.

PER CURIAM.

This is an appeal from an order denying an application for a writ of habeas corpus.

Appellant was convicted of the crime of murder in a district court of the State of Oklahoma. This conviction was reversed by the Oklahoma Court of Criminal Appeals and remanded for new trial. Ellis v. State, Okl.Cr., 318 P.2d 629. During the course of the re-trial, testimony of a witness who had testified in the first trial and...

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