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HICKOCK v. CROUSE

Nos. 7605, 7606.

334 F.2d 95 (1964)

Richard Eugene HICKOCK, Petitioner, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Respondent. Perry Edward SMITH, Petitioner, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Respondent.

United States Court of Appeals Tenth Circuit.

July 1, 1964.

Attorney(s) appearing for the Case

Joseph P. Jenkins, Kansas City, Kan., for petitioner Richard Eugene Hickock.

Robert H. Bingham, Kansas City, Kan., for petitioner Perry Edward Smith.

J. Richard Foth, Asst. Atty. Gen., Topeka, Kan. (William M. Ferguson, Atty. Gen., and Robert J. Lewis, Jr., Asst. Atty. Gen., Topeka, Kan., on the brief), for respondent.

Before PICKETT, LEWIS and SETH, Circuit Judges.

PICKETT, Circuit Judge.

Richard Eugene Hickock and Perry Edward Smith were convicted of murder in the first degree in the District Court of Finney County, Kansas, and sentenced to death. The conviction was affirmed by the Supreme Court of Kansas. State v. Hickock and Smith, 188 Kan. 473, 363 P.2d 541, appeal dismissed Smith v. State, 373 U.S. 544, 83 S.Ct. 1545, 10...

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