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DAVIS v. BENNETT

No. 19081.

400 F.2d 279 (1968)

William I. DAVIS, Appellant, v. John E. BENNETT, Warden, Iowa State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

August 28, 1968.

Attorney(s) appearing for the Case

Frank D. Anderson, of Abramson, Myers, Myers & Anderson, Des Moines, Iowa, for appellant.

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

Before MEHAFFY, GIBSON and LAY, Circuit Judges.

PER CURIAM.

In January 1966 petitioner was charged with the crime of "robbery with aggravation" in the Pottawattamie County District Court in Iowa. Pursuant to the Iowa multiple-offender statute, he was charged with the commission of three other felonies under Iowa law, and thereby subject to a greater sentence under the provisions of § 747.1 of the Code of Iowa, 1962. The jury found the petitioner guilty of a lesser degree of "robbery," which carried a maximum...

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