PATTERSON v. BROWN

No. 9845.

393 F.2d 733 (1968)

Wayne K. PATTERSON, Warden, Colorado State Penitentiary, Appellant, v. Homer BROWN, #34946, and Oswald Glymph, #34945, Appellees.

United States Court of Appeals Tenth Circuit.

April 30, 1968.


Attorney(s) appearing for the Case

James F. Pamp, Asst. Atty. Gen. (Duke W. Dunbar, Atty. Gen., and Frank E. Hickey, Deputy Atty. Gen., Denver, Colo., on the brief), for appellant.

Leslie A. Gross, Denver, Colo., for appellees.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.


HILL, Circuit Judge.

Appellees were convicted by a jury in the Colorado State Courts upon narcotics charges and on April 17, 1963, were sentenced to the Colorado State Penitentiary for a period of not less than nine nor more than ten years. Proceeding under 28 U.S.C. § 2254, appellees seek writs of habeas corpus and in support thereof claim that their convictions were obtained through the use of unlawfully seized evidence and thus that their confinement violates...

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