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WOOD v. CROUSE

No. 125-68.

417 F.2d 394 (1969)

William Nay WOOD, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

October 7, 1969.

Attorney(s) appearing for the Case

Duane F. Wurzer, Denver, Colo., for appellant.

Edward G. Collister, Jr., Asst. Atty. Gen., Topeka, Kan. (Kent Frizzell, Atty. Gen., Topeka, Kan., on the brief) for appellee.

Before TUTTLE, Senior Circuit Judge, and HILL and HOLLOWAY, Circuit Judges.

HILL, Circuit Judge.

The appellant was convicted by a jury in the state district court of Barton County, Kansas, of burglary, larceny, forgery and two counts of uttering a forged instrument and sentenced to five concurrent thirty year terms under the state habitual criminal statute. On appeal, the Kansas Supreme Court sustained the conviction on two separate occasions, State v. Wood, 190 Kan. 778, 378 P.2d 536

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