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JOHNSON v. BENNETT

No. 18744.

386 F.2d 677 (1967)

Gale H. JOHNSON, Appellant, v. John E. BENNETT, Warden Iowa State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

November 28, 1967.

Attorney(s) appearing for the Case

Gale H. Johnson, pro se.

Ronald L. Carlson, Iowa City, Iowa, for appellant.

Richard C. Turner, Atty. Gen. of Iowa, and William A. Claerhout, Asst. Atty. Gen., Des Moines, Iowa, for appellee.

Before VAN OOSTERHOUT, MATTHES and MEHAFFY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by Gale H. Johnson, hereinafter called defendant, from final order of the district court entered after a full and fair evidentiary hearing denying his petition for a writ of habeas corpus. The record shows that the defendant is presently serving a life sentence in the Iowa penitentiary as a result of his conviction by a jury of second degree murder and the permissible life sentence imposed under Iowa law as a result...

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