OSWALD v. CROUSE

No. 215-68.

420 F.2d 373 (1969)

Robert Sherman OSWALD, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

December 31, 1969.


Attorney(s) appearing for the Case

Robert C. Bright, Oklahoma City, Okl., for appellant.

Edward G. Collister, Jr., Lawrence, Kan., for appellee (Kent Frizzell, Atty. Gen. of Kansas, on the brief).

Before MURRAH, Chief Judge, PICKETT and BREITENSTEIN, Circuit Judges.


PER CURIAM.

This is an appeal by a state prisoner from denial of his petition for the writ of habeas corpus without a hearing.

In 1965, Oswald was convicted of grand larceny, and sentenced as a habitual offender to a term of fifteen years, which he is now serving in the Kansas State Penitentiary. He attacks his sentence on the ground that certain convictions relied upon to invoke the habitual criminal act are invalid for lack of counsel.

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