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FLOWERS v. STATE OF OKLAHOMA

No. 8513.

356 F.2d 916 (1966)

Ruben J. FLOWERS, Appellant, v. The STATE OF OKLAHOMA and Ray Page, Warden, State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

March 1, 1966.

Attorney(s) appearing for the Case

William A. Hillhouse, II, Denver, Colo., for appellant.

Charles L. Owens, Asst. Atty. Gen. (Charles Nesbitt, Atty. Gen., on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

HILL, Circuit Judge.

Appellant, presently confined in the Oklahoma Penitentiary, appeals from a denial of his petition for a writ of habeas corpus.

The undisputed record shows that he was charged in the District Court of Pottawatomie County, Oklahoma, with the crime of burglary in the second degree, after conviction of a felony. A jury trial was had and a verdict of guilty resulted. Under Oklahoma procedure,

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