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BROWN v. CROUSE

No. 9778.

399 F.2d 311 (1968)

Jesse Lee BROWN, Appellant, v. S. H. CROUSE, Warden Kansas State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

July 26, 1968.

Attorney(s) appearing for the Case

William E. Gandy, Denver, Colo., for appellant.

Jon K. Sargent, Asst. Atty. Gen. of Kansas, Topeka, Kan. (Robert C. Londerholm, Atty. Gen. of Kansas, Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, HILL and HICKEY, Circuit Judges.

HILL, Circuit Judge.

The appeal by a state prisoner is from an order entered, without the issuance of an order to show cause or an evidentiary hearing, dismissing appellant's petition for a writ of habeas corpus.

Appellant was charged in the District Court of Wyandotte County, Kansas, with the crimes of auto theft and attempted robbery. He was convicted only of the latter and was sentenced under the Kansas Habitual Criminal Act.1

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