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JOHNSON v. BENNETT

No. 18744.

414 F.2d 50 (1969)

Gale H. JOHNSON, Appellant, v. John E. BENNETT, Warden, Iowa State Penitentiary, Appellee.

United States Court of Appeals Eighth Circuit.

July 17, 1969.

Attorney(s) appearing for the Case

Ronald L. Carlson, Iowa City, Iowa, for appellant.

William A. Claerhout, Asst. Atty. Gen. of Iowa, Des Moines, Iowa, for appellee.

Before VAN OOSTERHOUT, Chief Judge, and MATTHES, BLACKMUN, MEHAFFY, GIBSON, LAY, HEANEY, and BRIGHT, Circuit Judges, sitting en banc.

BLACKMUN, Circuit Judge.

This habeas corpus case, instituted by Gale H. Johnson, an Iowa state prisoner now 64 years of age, and primarily concerning the frequently contested but consistently approved Iowa alibi instruction, is before us a second time.1

Johnson is serving a life sentence2 in the Iowa penitentiary as a result of his conviction by a jury of murder...

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