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YORK v. PAGE

No. 159-70.

433 F.2d 941 (1970)

Jack Austin YORK, Petitioner-Appellant, v. Ray H. PAGE, Warden, Oklahoma State Penitentiary, and the State of Oklahoma, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

October 29, 1970.

Attorney(s) appearing for the Case

George M. Straw, for appellant.

H. L. McConnell, Asst. Atty. Gen. (G. T. Blankenship, Atty. Gen. of Okl., on the brief), for appellees.

Before BREITENSTEIN and SETH, Circuit Judges, and TEMPLAR, District Judge.

BREITENSTEIN, Circuit Judge.

The district court denied habeas corpus relief to petitioner-appellant York, a prisoner in the Oklahoma penitentiary, who was found guilty in state court of first degree manslaughter and whose conviction was affirmed by the Oklahoma Court of Criminal Appeals. See York v. State, Okl.Cr., 449 P.2d 927. The appellant asserts that his due process rights under the Fourteenth Amendment were violated by an unforeseeable...

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