No. 17261.

315 F.2d 632 (1963)

James B. JOHNSON, Appellant, v. E. V. NASH, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied April 25, 1963.

Attorney(s) appearing for the Case

John Burruss, Jr., of Hendren & Andrae, Jefferson City, Mo., court appointed counsel for appellant.

Thomas F. Eagleton, Atty. Gen., and Howard L. McFadden, Asst. Atty. Gen., Jefferson City, Mo., filed motion to remand.

Before JOHNSEN, Chief Judge, and MATTHES, Circuit Judge.


Appellant's application to have a certificate of probable cause issued by a judge of this Court to enable him to take an appeal from the District Court's denial of his petition for a writ of habeas corpus has heretofore been granted, and he was thereafter permitted by us to have the appeal docketed and to prosecute it in forma pauperis. We appointed Mr. John E. Burruss, Jr., of Jefferson City, Missouri, as counsel to represent appellant on the appeal,...

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