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HURT v. PAGE

No. 8137.

355 F.2d 169 (1966)

Robert O. (Bob) HURT, Appellant, v. Ray H. PAGE, Warden, Oklahoma State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

January 4, 1966.

Attorney(s) appearing for the Case

Sid White, Oklahoma City, Okl., for appellant.

Jack A. Swidensky, Asst. Atty. Gen. (Charles Nesbitt, Atty. Gen., on the brief), for appellee.

Before PICKETT, LEWIS and HILL, Circuit Judges.

LEWIS, Circuit Judge.

This is an appeal from an order of the District Court for the Eastern District of Oklahoma dismissing, without a hearing, appellant's application for a writ of habeas corpus. Appellant is presently confined in the Oklahoma State Penitentiary pursuant to a sentence imposed after conviction by a jury of the crime of robbery with firearms. He asserts his conviction and restraint to be constitutionally invalid...

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