DELANO v. CROUSE

No. 7532.

327 F.2d 693 (1964)

Buddy Joe DELANO, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 12, 1964.


Attorney(s) appearing for the Case

William Schoeberlein, Denver, Colo. (John H. Bennett, Denver, Colo., was with him on the brief), for appellant.

Arthur E. Palmer, Asst. Atty. Gen., of Kansas (William M. Ferguson, Atty. Gen., and Park McGee, Asst. Atty. Gen., were with him on the brief), for appellee.

Before PICKETT, LEWIS and SETH, Circuit Judges.


SETH, Circuit Judge.

Appellant is confined in the Kansas State Penitentiary under a thirty-five year sentence upon a conviction in 1960 by a jury for murder in the second degree. His conviction in the District Court of Barber County, Kansas, was affirmed by the Supreme Court of Kansas in State v. Delano, 188 Kan. 687, 366 P.2d 294.

Appellant filed a petition for a writ of habeas corpus in...

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