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SCALF v. BENNETT

No. 19342.

408 F.2d 325 (1969)

Martis C. SCALF, Appellant, v. John E. BENNETT, Warden, Iowa State Penitentiary, Fort Madison, Iowa, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied April 28, 1969.

Rehearing Denied April 28, 1969.

Attorney(s) appearing for the Case

John L. Sloane, Des Moines, Iowa, for appellant and filed briefs.

William A. Claerhout, Asst. Atty. Gen. of Iowa, Des Moines, Iowa, for appellee; Richard C. Turner, Atty. Gen., of Iowa, was on the brief with William A. Claerhout, Des Moines, Iowa.

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

Rehearing En Banc Denied April 28, 1969.

MATTHES, Circuit Judge.

Martis C. Scalf, an Iowa state prisoner, has appealed from the order of the United States District Court, Southern District of Iowa, The Honorable Roy L. Stephenson, denying his petition for habeas relief.

At the outset we note the chronology of the proceedings. On March 29, 1962, an indictment was filed in the district court of Polk County, Iowa, charging appellant with statutory rape...

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