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POPE v. SWENSON

No. 19005.

395 F.2d 321 (1968)

Floyd Delorace POPE, Appellant, v. Harold R. SWENSON, Warden, Appellee.

United States Court of Appeals Eighth Circuit.

June 10, 1968.

Attorney(s) appearing for the Case

Fred E. Arnold of Thompson, Mitchell, Douglas & Neill, St. Louis, Mo., for appellant.

Walter W. Nowotny, Jr., Asst. Atty. Gen., Jefferson City, Mo., for appellee; Norman H. Anderson, Atty. Gen., Jefferson City, Mo., on the brief.

Before MATTHES, MEHAFFY and LAY, Circuit Judges.

LAY, Circuit Judge.

Pope, a state prisoner, appeals from the denial of his petition for a writ of habeas corpus by the federal district court. Pope was originally convicted of first degree robbery, a violation of V.A. M.S. § 560.120, in the Circuit Court, City of St. Louis, Missouri. This conviction was affirmed in State v. Pope, 364 S.W.2d 564 (Mo. 1963). In 1964, under Missouri Supreme Court Rule 27.26, the petitioner sought...

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