TRUSTY v. STATE OF OKLAHOMA

No. 8594.

360 F.2d 173 (1966)

Burns TRUSTY, Jr., Appellant, v. The STATE OF OKLAHOMA and Ray Page, Warden, State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

May 5, 1966.


Attorney(s) appearing for the Case

Arthur J. Movius, Denver, Colo., for appellant.

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

Before PICKETT, HILL and SETH, Circuit Judges.


HILL, Circuit Judge.

Appellant, an inmate of the Oklahoma State Penitentiary, appeals from a denial of his petition for a writ of habeas corpus without an evidentiary hearing. There is no question about exhaustion of state remedies.

Trusty was tried and convicted, after a jury trial, in the District Court of Tulsa County, Oklahoma, for the crime of burglary in the second degree. He is now confined and serving a sentence pursuant to that conviction. Following...

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