CASE v. CROUSE

No. 9117.

376 F.2d 586 (1967)

Oscar J. CASE, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 5, 1967.


Attorney(s) appearing for the Case

John H. Fields, Kansas City, Kan., for appellant.

Jon K. Sargent, Asst. Atty. Gen. (Robert C. Londerholm, Atty. Gen., and Daniel D. Metz, Asst. Atty. Gen., on the brief), for appellee.

Before MURRAH, Chief Judge, HILL, Circuit Judge, and EUBANKS, District Judge.


HILL, Circuit Judge.

Appellant appeals from an order denying habeas corpus relief without an evidentiary hearing.

Case is a state prisoner presently serving several sentences imposed upon him in the state court, all after pleas of guilty. On May 24, 1963, he entered a plea of guilty in the District Court of Mitchell County, Kansas, for the crime of second degree forgery and, at that time, made an oral application for probation. The sentencing judge, pursuant...

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