SMITH v. CROUSE

No. 62-69.

413 F.2d 979 (1969)

George Billie SMITH, Appellee, v. Sherman H. CROUSE, Warden, Appellant.

United States Court of Appeals Tenth Circuit.

June 30, 1969.


Attorney(s) appearing for the Case

Edward G. Collister, Jr., Asst. Atty. Gen. (Kent Frizzel, Atty. Gen., State of Kansas, on the brief), for appellant.

Jim Lawing, Wichita, Kan., for appellee.

Before BREITENSTEIN, HILL and HOLLOWAY, Circuit Judges.


PER CURIAM.

This appeal involves a habeas corpus proceeding where appellee was granted an evidentiary hearing and relief from a Kansas life sentence. The District Court found the conviction valid in the 1962 Kansas case where the life sentence was imposed. However, the sentence was entered under an habitual criminal statute on proof including prior Oklahoma convictions which were found invalid. The judgment below therefore afforded the Kansas authorities an opportunity...

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