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KING v. MOSELEY

No. 50-69.

430 F.2d 732 (1970)

Billie Joe KING, Appellant, v. R. I. MOSELEY, Warden, Appellee.

United States Court of Appeals, Tenth Circuit.

August 11, 1970.

Attorney(s) appearing for the Case

Roland E. Camfield, Jr., Denver, Colo., for appellant.

Michael A. Katz, Captain, JAGC, Washington, D. C. (Robert J. Roth, U. S. Atty., Edward H. Funston, Asst. U. S. Atty., and Arnold I. Melnick, Lieutenant Colonel, JAGC, with him on the brief), for appellee.

Before MURRAH, Senior Circuit Judge, SETH and HOLLOWAY, Circuit Judges.

SETH, Circuit Judge.

This is an appeal from a dismissal without a hearing of appellant's petition for a writ of habeas corpus. The case had its genesis in 1962 when the appellant, then a private in the United States Army, stationed at Fort Gordon, Georgia, was arrested by the Oklahoma State Police on suspicion of bank robbery. When arrested, the appellant identified himself as Joseph J. Poye, who was a fellow soldier in appellant...

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