PAYNE v. NASH

No. 17398.

327 F.2d 197 (1964)

James Rufus PAYNE, Appellant, v. Elbert V. NASH, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

February 10, 1964.


Attorney(s) appearing for the Case

James Rufus Payne, pro se.

Thomas F. Eagleton, Atty. Gen., and Howard L. McFadden, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before VOGEL, BLACKMUN and RIDGE, Circuit Judges.


RIDGE, Circuit Judge.

Appellant's petition for writ of habeas corpus having been denied as to a claim of ex post facto application of Missouri's Habitual Criminal Act,1 in relation to a sentence imposed for manslaughter2 which appellant is now serving in the Missouri State Penitentiary, we granted leave to perfect appeal in forma pauperis to settle the record as to an issue of law that recurringly...

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