MATHIS v. PEOPLE OF STATE OF COLORADO

No. 468-69.

425 F.2d 1165 (1970)

Joe M. MATHIS, Petitioner-Appellant, v. The PEOPLE OF the STATE of COLORADO and Wayne K. Patterson, Warden of the Colorado State Penitentiary, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

May 1, 1970.


Attorney(s) appearing for the Case

C. Willing Browne, of Yegge, Hall & Evans, Denver, Colo., for petitioner-appellant.

George E. DeRoss, Asst. Atty. Gen. (Duke W. Dunbar, Atty. Gen., and John P. Moore, Deputy Atty. Gen., on the brief), for respondents-appellees.

Before LEWIS, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.


BREITENSTEIN, Circuit Judge.

This is an appeal from the denial of habeas corpus relief to appellant, a state prisoner. He was found guilty of various offenses, all related to an attempted supermarket robbery in Denver. The Colorado Supreme Court affirmed the conviction. Mathis v. People, Colo., 448 P.2d 633. In the habeas court the appellant offered no evidence and the case was decided on the basis of the state court record.

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