ELLENSON v. FUGATE

No. 17935.

346 F.2d 151 (1965)

Gladys ELLENSON, as Superintendent of the Women's Reformatory at York, Nebraska, Appellant, v. Caril Ann FUGATE, a Minor by and Through John McArthur, Her Guardian and Next Friend, Appellee.

United States Court of Appeals Eighth Circuit.

June 4, 1965.


Attorney(s) appearing for the Case

Melvin Kent Kammerlohr, Asst. Atty. Gen. of Nebraska, Clarence A. H. Meyer, Atty. Gen. of Nebraska, Lincoln, Neb., for appellant.

Merril R. Reller and John McArthur, Lincoln, Neb., for appellee.

Before VOGEL, MATTHES and RIDGE, Circuit Judges.


PER CURIAM.

This is an interlocutory appeal pursuant to 28 U.S.C.A. § 1292(b).

Caril Ann Fugate, a minor (appellee) is a Nebraska state prisoner. In November, 1958, she was found guilty of first degree murder in the District Court of Lancaster County, Nebraska, and was sentenced to life imprisonment. The judgment of conviction was affirmed by the Supreme Court of Nebraska. Fugate v. State, 169 Neb. 420,

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