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LESLEY v. STATE OF OKLAHOMA

No. 10158.

407 F.2d 543 (1969)

Charles Dean LESLEY, Appellant, v. STATE OF OKLAHOMA and Ray H. Page, Warden, Oklahoma State Penitentiary, Appellees.

United States Court of Appeals Tenth Circuit.

February 27, 1969.

Attorney(s) appearing for the Case

John M. Draper, Oklahoma City, Okl. (Fuller, Davis, Henderson & Tubb, Oklahoma City, Okl., on the brief), for appellant.

Charles L. Owens, Asst. Atty. Gen. (G. T. Blankenship, Atty. Gen. of Oklahoma, on the brief), for appellees.

Before MARVIN JONES, Judge, Court of Claims, and BREITENSTEIN and HICKEY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is an appeal from the denial of habeas corpus relief. In 1950, an Oklahoma state court sentenced the appellant to a term of 40 years on his plea of guilty of robbery with a firearm. The question is the voluntariness of that plea. State remedies have been exhausted. See Lesley v. Page, Okl.Cr.App., 430 P.2d 336. The federal district court held an evidentiary hearing, found that the appellant was advised...

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