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LATHAM v. CROUSE

Nos. 7376, 7377.

320 F.2d 120 (1963)

James Douglas LATHAM, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellee. George Ronald YORK, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

July 10, 1963.

Attorney(s) appearing for the Case

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

J. Richard Foth, Asst. Atty. Gen. of Kansas (William M. Ferguson, Atty. Gen. of Kansas and Park McGee, Asst. Atty. Gen. of Kansas, on the brief), for appellee.

Before PHILLIPS, BREITENSTEIN, and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

These are companion cases which were briefed and argued together. Appellants Latham and York, herein referred to as petitioners, were jointly charged, tried by a jury in the District Court of Russell County, Kansas, convicted, and sentenced to death for homicide. The judgments were affirmed by the Kansas Supreme Court, State v. Latham & York, 190 Kan. 411, 375 P.2d 788

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