ROBERTS v. BENNETT

No. 51883.

141 N.W.2d 628 (1966)

Earl Duane ROBERTS, Appellant, v. John E. BENNETT, Warden, Iowa State Penitentiary, Appellee.

Supreme Court of Iowa.

April 5, 1966.


Attorney(s) appearing for the Case

Norman G. Jesse, Des Moines, for appellant.

Lawrence F. Scalise, Atty. Gen., Don R. Bennett, Asst. Atty., Gen., Phil Gross, County Atty., Waverly, and Thomas E. Tucker, Fort Madison, for appellee.


BECKER, Justice.

Plaintiff was convicted of the crime of burglary with aggravation by jury verdict returned April 13, 1962. He was sentenced to a term not exceeding 30 years. On May 7, 1963, the conviction was affirmed, State v. Roberts, 255 Iowa 166, 121 N.W.2d 513. Plaintiff thereupon filed petition for writ of habeas corpus in the United States District Court for the Southern District of Iowa which was denied for failure to show...

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