DAVIS v. SIGLER

No. 19319.

415 F.2d 1159 (1969)

Donald Henry DAVIS, Appellant, v. Maurice SIGLER, Warden, Appellee.

United States Court of Appeals Eighth Circuit.

September 16, 1969.


Attorney(s) appearing for the Case

Paul F. Festerson, Omaha, Neb., for appellant.

Melvin Kent Kammerlohr, Asst. Atty. Gen., State of Nebraska, Lincoln, Neb., for appellee, Clarence A. H. Meyer, Atty. Gen., State of Nebraska, Lincoln, Neb., on the brief.

Before BLACKMUN, MEHAFFY and HEANEY, Circuit Judges.


BLACKMUN, Circuit Judge.

Donald Henry Davis, born January 15, 1948, and now a Nebraska State prisoner, appeals in forma pauperis from the denial of his application for a writ of habeas corpus. The certificate of probable cause, required by 28 U.S.C. § 2253, was issued by the district court.

Davis, on his plea of not guilty in the District Court for Douglas County, Nebraska, was convicted by a jury in 1965 of murder in the first degree (killing in the...

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