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KOTEK v. BENNETT

No. 51141.

124 N.W.2d 710 (1963)

Charles G. KOTEK, Appellant, v. John E. BENNETT, Warden, Iowa State Penitentiary, Fort Madison, Iowa, Appellee.

Supreme Court of Iowa.

Rehearing Denied December 10, 1963.

Attorney(s) appearing for the Case

Charles G. Kotek, pro se, for appellant.

Evan Hultman, Atty. Gen., and John H. Allen, Asst. Atty. Gen., for appellee.

LARSON, Justice.

Applicant's petition for writ of habeas corpus filed April 25, 1963, discloses he was charged by county attorney's information with the crime of "murder in the first degree", was tried and convicted of murder in the second degree, and was sentenced to life imprisonment at hard labor in the Iowa State Penitentiary at Fort Madison, Iowa, as provided in Section 690.3, Code of Iowa, 1950, I.C.A.

He alleged, among other things, that he was not...

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