APPLICATION OF KISER

No. 19683.

419 F.2d 1134 (1969)

Application of Melvin F. KISER for a Writ of Habeas Corpus. Melvin F. Kiser, Appellant.

United States Court of Appeals Eighth Circuit.

December 30, 1969.


Attorney(s) appearing for the Case

Melvin F. Kiser, pro se.

Gordon Mydland, Atty. Gen., and Walter W. Andre, Asst. Atty. Gen., Pierre, S. D., on the brief for appellee.

Before VAN OOSTERHOUT, Chief Judge, and MATTHES and HEANEY, Circuit Judges.


VAN OOSTERHOUT, Chief Judge.

Melvin F. Kiser, hereinafter usually referred to as defendant, has taken this timely appeal from final order denying his 28 U.S.C.A. § 2241 petition for habeas corpus relief. Certificate of probable cause has been granted by the trial court.

We briefly summarize the background facts. Defendant was tried and convicted in the state court on each of two counts charging grand larceny of a gun on March 24, 1966. He was given concurrent...

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