BOOKER v. PHILLIPS

No. 132-68.

418 F.2d 424 (1969)

Edna Mae BOOKER, Appellant, v. Miriam B. PHILLIPS, Superintendent, Kansas State Industrial Reformatory for Women, Appellee.

United States Court of Appeals Tenth Circuit.

November 12, 1969.


Attorney(s) appearing for the Case

Russell Shultz, Wichita, Kan., for appellant.

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

Before BREITENSTEIN, HILL and HOLLOWAY, Circuit Judges.


HILL, Circuit Judge.

Edna Mae Booker filed this petition for habeas corpus seeking release from the Kansas State Industrial Farm for Women. The district court, without conducting an evidentiary hearing, denied the writ and dismissed the petition. We are thus faced with the question of whether the court erred in determining that appellant's present conviction was not obtained in violation of that portion of the Fifth Amendment that protects an individual against being...

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