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NEWELL v. PAGE

No. 8606.

362 F.2d 538 (1966)

Fred A. NEWELL, Appellant, v. Ray H. PAGE, Warden, Oklahoma State Prison, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 27, 1966.

Attorney(s) appearing for the Case

Jack S. Ramirez, Wichita, Kan., for appellant.

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

Before MURRAH, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

DAVID T. LEWIS, Circuit Judge.

Appellant is presently confined in the Oklahoma State Penitentiary and appeals from an order of the United States District Court for the Eastern District of Oklahoma denying an application for a writ of habeas corpus. Relief had been denied earlier to appellant by the state court. Newell v. Page, Okl.Cr., 401 P.2d 1003.

During October 1943, appellant received and began to serve an Oklahoma state...

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