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JOHNSON v. BENNETT

No. 32.

393 U.S. 253 (1968)

JOHNSON v. BENNETT, WARDEN.

Supreme Court of United States.

Decided December 16, 1968.

Attorney(s) appearing for the Case

Ronald L. Carlson argued the cause and filed briefs for petitioner.

William A. Claerhout, Assistant Attorney General of Iowa, argued the cause for respondent. With him on the brief was Richard C. Turner, Attorney General.

PER CURIAM.

In 1934, petitioner was indicted for murdering a policeman in Burlington, Iowa. Petitioner claimed that he was innocent and that he had not been present at the scene of the crime. At the trial, several witnesses testified that petitioner had been in Des Moines, 165 miles away from Burlington, on the day that the crime was committed. The trial judge instructed the jury that for the petitioner to be entitled to an acquittal on the ground

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