BRADLEY v. CROUSE

No. 9021.

373 F.2d 11 (1967)

Morse Stanley BRADLEY, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

January 24, 1967.


Attorney(s) appearing for the Case

Raymond D. Burger, Oklahoma City, Okl., for appellant.

Daniel D. Metz, Asst. Atty. Gen. of Kansas (Robert C. Londerholm, Atty. Gen. of Kansas, with him on the brief), for appellee.

Before BREITENSTEIN and HILL, Circuit Judges, and KERR, District Judge.


BREITENSTEIN, Circuit Judge.

The court below denied habeas corpus relief to the appellant, a prisoner in the Kansas penitentiary. In 1951, appellant pleaded guilty to first degree burglary. The court, upon a showing of four prior felony convictions, imposed a life sentence under the Kansas Habitual Criminal Act.

In 1964, the appellant collaterally attacked this sentence in the sentencing court on the ground that the state had not given notice of its intent...

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