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SMITH v. ERICKSON

Misc. No. 258.

331 F.2d 49 (1964)

Wilson R. SMITH, Petitioner, v. Donald R. ERICKSON, Warden, South Dakota State Penitentiary, Respondent.

United States Court of Appeals Eighth Circuit.

April 17, 1964.

Attorney(s) appearing for the Case

Charles Lacey, Sioux Falls, S. D., represented appellant.

Walter Weygint, Asst. Atty. Gen. of South Dakota, Pierre, S. D., represented respondent.

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

PER CURIAM.

Petitioner, a South Dakota state prisoner, seeks to have a certificate of probable cause issued by a judge of this Court under 28 U.S.C.A. § 2253, to enable him to take an appeal from the District Court's denial of his application for a federal writ of habeas corpus.

The sentence on which petitioner is confined is one for grand larceny, SDC § 13.3803, with punishment for the offense having been...

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