CULLINS v. CROUSE

No. 8062.

348 F.2d 887 (1965)

Fred CULLINS, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 17, 1965.


Attorney(s) appearing for the Case

John R. Smyth, Cheyenne, Wyo. (Roncalio, Graves & Smyth, Cheyenne, Wyo., were with him on the brief), for appellant.

Richard H. Seaton, Asst. Atty. Gen. of Kansas (Robert C. Londerholm, Atty. Gen. of Kansas, was with him on the brief), for appellee.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.


BREITENSTEIN, Circuit Judge.

This is an appeal from a dismissal without hearing of appellant's petition for habeas corpus. Appellant was charged in Kansas with a sex offense against young girls. At arraignment he appeared with counsel and pleaded guilty to a violation of Kan.G.S.1957 Supp. § 38-711. His attorney moved that sentence be deferred pending a report of the mental examination provided by Kan. G.S.1957 Supp. § 62-1534 in sex cases where perversion...

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