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LATHAM v. CROUSE

Nos. 7705, 7706.

330 F.2d 865 (1964)

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

United States Court of Appeals Tenth Circuit.

April 24, 1964.

Attorney(s) appearing for the Case

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

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

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellants Latham and York, herein referred to as petitioners, are before us for the second time on consolidated appeals from the denial of habeas corpus relief. They were convicted in Kansas of first degree murder and sentenced to death. The judgments were affirmed by the Supreme Court of Kansas in State v. Latham, 190 Kan. 411, 375 P.2d 788, and certiorari was denied...

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